Case Summary
The petitioner, Roy J Vayalatty, seeks an interim prohibitory injunction against his brother Thomas J Vayalattu and others regarding a property dispute. The property in question relates to a joint venture agreement between the parties concerning their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim prohibitory injunction restraining respondents from taking possession of the property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner is likely to suffer irreparable loss if the property is taken into possession without due process.
The petitioner is likely to suffer irreparable loss if the property is taken into possession without due process.
Judgment Evidence:
Therefore, the point is found partly in favour of the petitioner. Respondents and their men are restrained from forcibly taking possession of the property having an extent of 6.5 cents situated in Pre-survey No. 135 /1 of block 13 of Maradu Village owned by the petitioner until the disposal of the suit.
Parties Involved
Plaintiffs
Roy J Vayalatty (55 years years)
Vayalat Nest, Kannangattu temple road, Edakochi, Kochi – 682 010, Kochi taluk, Ernakulam District
Defendants
Thomas J Vayalattu (54 years years)
Vayalattu house, Vayalattu Avenue, Maradu Kara, Maradu village, Kanayannur taluk, Ernakulam District
Elizabathu Thomas (50 years years)
Vayalattu house, Vayalattu Avenue, Maradu Kara, Maradu village, Kanayannur taluk, Ernakulam District
M/s South Indian Bank Ltd (Age not specified years)
Regional Office, Kakkanadu P.O, Ernakulam, Pin – 682 309
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Petitioner sought temporary prohibitory injunction restraining respondents from taking possession of the property.
Evidence:
Respondents and their men are restrained from forcibly taking possession of the property having an extent of 6.5 cents situated in Pre-survey No. 135 /1 of block 13 of Maradu Village owned by the petitioner.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Original title deed of the plaintiff.
Reference:
Ext.A1
Document Type:
Joint Venture Agreement
Submitted By:
Plaintiff
Relevance:
Agreement based on which the commercial building was constructed.
Reference:
Ext.A7
Document Type:
Letter confirming deposit of title deeds
Submitted By:
Defendant
Relevance:
Confirmation regarding deposit of title deeds as security for additional amount.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed related to properties connected to the case.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the Advocate Commissioner to assess the property.
Reference:
Ext.C1