Case Summary
The plaintiff, Sharlimon M.K, seeks relief against the defendant, Dileep T.B, regarding a financial loan and threats received. The plaintiff alleges that the defendant has threatened him and misused security documents related to the loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant and his agents from trespassing into the plaintiff's house, office or hotel and from interfering with the plaintiff’s peaceful living and conduct of business.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the unchallenged proof affidavit and documents satisfactorily proved the plaintiff’s entitlement for the relief sought.
The court found the unchallenged proof affidavit and documents satisfactorily proved the plaintiff’s entitlement for the relief sought.
Judgment Evidence:
In the result, suit is decreed in part as follows: 1. Defendant, his men and their agents from trespassing into the house, office or hotel of the plaintiff or from interfering with the peaceful living and conduct of business by the plaintiff.
Parties Involved
Plaintiffs
Sharlimon M.K (55 years years)
Sreelakshmi, 66/3558, Sastha temple road, Ernakulam north, Pin – 682 018
Defendants
Dileep T.B (50 years years)
Thekkumkkara house, North Chalakkudy P.O, Pin – 680 307
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that plaint A schedule cheques and plaint B schedule promissory notes are issued to the defendant by the plaintiff as a security to the prompt repayment of the debt.
Evidence:
The discretionary relief of declaration of the nature sought for is not one which this court is bound to grant in the facts and circumstance of this case.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction directing the defendant to return plaint A Schedule cheques and Plaint B Schedule promissory notes.
Evidence:
This is sought as a consequential relief to the relief of declaration sought for and the same has already been answered against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaintiff’s house, office or hotel and from interfering with the plaintiff’s peaceful living and conduct of business.
Evidence:
The un-challenged proof affidavit and documents would satisfactorily prove the plaintiff’s entitlement for such relief.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Shows repayment of amount to the loan account of the three persons.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of Rs. 50,000/- to the defendant.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
A true copy of the bank statement of the plaintiff maintained at Federal Bank.
Reference:
Ext.A3
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
True copy of the Police Complaint with receipt.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
True copy of the legal notice with postal receipt.
Reference:
Ext.A5
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate under section 63 of the Bharathiya Sakshya Adhiniyam, 2023.
Reference:
Ext.A6