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O.S. No. 1186/2024

Case between Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2024-11-15
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a petition filed by Samson T George and Babu Mathew seeking a temporary injunction against Arun Kumar Karerat and others to prevent them from encumbering and selling the properties in question. The court found that irreparable injury could be caused if the injunction was not granted.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted an interim injunction to the petitioners, preventing the defendants from taking actions that could harm the plaintiffs' interests in the disputed property.
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining the defendants from encumbering or selling the property and from demolishing structures until further orders.
Case Type
Injunction
Final Judgment
No
The court granted an interim injunction to the petitioners, preventing the defendants from taking actions that could harm the plaintiffs' interests in the disputed property.
Why Plaintiff Won:
The court was satisfied that the petitioners made out a prima facie case.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I am satisfied that the petitioners have made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioners.

Judgment Evidence:

Hence an order of interim injunction is passed restraining respondents 1 to 3 and their men and agents, from encumbering, selling, inducting strangers into the plaint schedule properties and from demolishing the internal walls and other structures in the plaint B schedule apartment, until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Samson T George
Party Age
60
Relation
S/o T A George
Party Role
Plaintiff
Party Name
Babu Mathew @ Parayil Mathew Babu
Party Age
67
Relation
S/o T G Mathew
Party Role
Defendant
Party Name
Arun Kumar Karerat
Party Age
59
Relation
S/o A K Raghavan Nambiar
Party Role
Defendant
Party Name
Josekutty Varghese
Party Age
69
Relation
S/o Varghese Joseph
Party Role
Defendant
Party Name
Sophia Josekutty
Party Age
69
Relation
W/o Josekutty Varghese
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P Suresh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K A Shaji Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amal M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Riyan Augustine Shaji
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K V Manojkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
An order of interim injunction is passed restraining respondents 1 to 3 and their men and agents, from encumbering, selling, inducting strangers into the plaint schedule properties and from demolishing the internal walls and other structures in the plaint B schedule apartment.
Evidence:
I am satisfied that the petitioners have made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioners.

Documents & Evidence

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction
Case Code Year
Case between Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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