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O.S. No. 1127/2024

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
2024-11-02
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves petitioners Samson T George and Babu Mathew seeking a temporary injunction against respondents Arun Kumar Karerat and Sreejith Janardhanan Pillai. The injunction aims to prevent the respondents from encumbering or selling the plaint schedule properties.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction restraining the respondents from encumbering, selling, or damaging the plaint schedule properties until further orders. This is to prevent irreparable injury to the petitioners.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against defendants
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction restraining the respondents from encumbering, selling, or damaging the plaint schedule properties until further orders. This is to prevent irreparable injury to the petitioners.
Why Plaintiff Won:
The petitioners made out a prima facie case showing that irreparable injury would be caused if the injunction were not granted.
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 petitioner.

Judgment Evidence:

Hence an order of interim injunction is passed 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 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
Sreejith Janardhanan Pillai
Party Age
33
Relation
S/o
Plaintiffs Documents
Affidavit as well as records
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
Riyan Augustine Shaji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amal M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Enoch David Simon Joel
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
The petitioners requested a temporary injunction to prevent the respondents from taking actions that could harm the property.
Evidence:
Hence an order of interim injunction is passed 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 apartment until further orders.

Documents & Evidence

Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
The affidavit was reviewed by the court to support the petition for temporary injunction.
Reference:
Document Type: Interim Injunction Order
Submitted By: Court
Relevance:
The court issued an interim injunction to restrain the respondents from encumbering, selling, inducting strangers, or demolishing the internal walls and other structures in the plaint B schedule apartment.
Reference:

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
90%

Involved Entities

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