Case Summary
Saradhamma K.R filed a petition seeking a temporary injunction against Vasudevan Nair. The application was based on the concern that allowing notice would cause delays undermining the purpose of the injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim injunction granted
Case Type
Civil Suit
Final Judgment
No
The court granted an ad interim injunction to restrain the defendant and his associates from causing obstruction to the plaintiff's use of the way identified in the plaint.
Why Plaintiff Won:
A prima facie case was made out by the plaintiff indicating urgency requiring immediate relief.
A prima facie case was made out by the plaintiff indicating urgency requiring immediate relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that prima facie case has been made out and if notice issued delay will occurred which will defeat the very purpose of the above application.
Judgment Evidence:
Hence an ad interim injunction is granted restraining the counter petitioner and people under him from causing obstruction to the user of the plaint schedule item no. 3 way until further steps.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saradhamma K.R
- Party Age
- 86
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vasudevan Nair
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Gangaprasad S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
ad interim injunction restraining the counter petitioner and people under him from causing obstruction to the user of the plaint schedule item no. 3 way
Evidence:
the court on same day passed the following. ORDER This is an application filed under Order 39 Rule 1 of CPC for temporary injunction. Heard Learned Counsel for the petitioner/plaintiff. Perused the affidavit, plaint and documents. I am satisfied that prima facie case has been made out and if notice issued delay will occurred which will defeat the very purpose of the above application. Hence an ad interim injunction is granted restraining the counter petitioner and people under him from causing obstruction to the user of the plaint schedule item no. 3 way until further steps.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025