Case Summary
This case involves petitioners/plaintiffs Samson T George and Babu Mathew seeking a temporary injunction against respondents/defendants Arun Kumar Karerat and Cherian K Cherian. The court is determining whether to grant this injunction to prevent potential irreparable injury to the petitioners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining respondents from encumbering or selling properties.
Case Type
Injunction
Final Judgment
No
The court granted the petitioners' request for a temporary injunction, preventing the respondents from encumbering, selling, or demolishing the plaint schedule properties until further orders.
Why Plaintiff Won:
The petitioners made out a prima facie case demonstrating potential irreparable injury.
The petitioners made out a prima facie case demonstrating potential irreparable injury.
Losing Side's Weaknesses:
Not available
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 the respondents 1 and 2 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
- 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
- Cherian K Cherian
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Affidavit and records submitted by petitioners.
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
- Party Role
- Defendant
- Advocate Name
- Mayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
An order of interim injunction is passed restraining the respondents 1 and 2 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.
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