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O.S. No. 1179/2024

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

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2024-11-14
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Samson T George and Babu Mathew, are seeking a temporary injunction against the respondents, Arun Kumar Karerat, Khurshid Marakayer, and Sindhu Azizkutty. They allege that allowing the respondents to proceed could cause irreparable harm to their properties.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction preventing the respondents from encumbering or selling the properties in question. The court found that the petitioners had established a prima facie case warranting such relief.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining respondents from encumbering or selling the properties.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction preventing the respondents from encumbering or selling the properties in question. The court found that the petitioners had established a prima facie case warranting such relief.
Why Plaintiff Won:
The petitioners established a prima facie case and demonstrated the likelihood of irreparable injury.
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 1st to 3rd respondents 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 apartments, until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Samson T George
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Babu Mathew @ Parayil Mathew Babu
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
Arun Kumar Karerat
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Khurshid Marakayer
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Sindhu Azizkutty
Party Age
50
Relation
W/o
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

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary injunction restraining respondents from encumbering, selling, inducting strangers into the plaint schedule properties and from demolishing the internal walls and other structures in the plaint B schedule apartments.
Evidence:
Hence an order of interim injunction is passed restraining 1st to 3rd respondents 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 apartments, until further orders.

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
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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