Case Summary
Shiju Mathew filed a suit against Jibin Jacob, Rahul R, and Sreekumar.P for a permanent prohibitory injunction. The plaintiff claims harassment and disruption of business by the defendants, who are his friends and have lent him money.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to establish any legal right over the plaint schedule property necessary for a permanent prohibitory injunction.
Key Reasoning:
The plaintiff did not establish a threat or possibility of infringement of legal rights over the property.
The plaintiff did not establish a threat or possibility of infringement of legal rights over the property.
Why Defendant Won:
The plaintiff did not establish a threat or possibility of infringement of legal rights over the property.
The plaintiff did not establish a threat or possibility of infringement of legal rights over the property.
Supporting Evidence
The plaintiff failed to establish any legal right over plaint schedule property, hence is not entitled to relief of permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is dismissed. Considering the fact that defendants remained exparte, there is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiju Mathew
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jibin Jacob
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahul R
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreekumar.P
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Copy of the rent agreement dated 03.05.2023, Copy of licence to SAS fashions from Kalamassery Municipality dated 09.05.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dhanesh Kumar K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John M. George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.T. Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nikihil Benny
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Keerthana S. Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- B. Renjith Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
Since the plaintiff failed to establish any legal right over plaint schedule property, he is not entitled to relief of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the rent agreement dated 03.05.2023, marking the terms of the rental arrangement.
Reference:
Ext.A1
Document Type:
License
Submitted By:
Plaintiff
Relevance:
Copy of the license to SAS Fashions from Kalamassery Municipality dated 09.05.2023.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shiju Mathew vs Jibin Jacob, Rahul R, Sreekumar.P regarding Permanent prohibitory injunction
Case Code Year
Case between Shiju Mathew vs Jibin Jacob, Rahul R, Sreekumar.P regarding Permanent prohibitory injunction