Case Summary
Shyni Thankamani Chandran Iyer is the petitioner seeking a temporary injunction against Vanaja Narayanankutty and Narayankutty, who are the respondents. The petitioner claims she has been unlawfully threatened with eviction from a property she leased to run a café.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are restrained from forcibly evicting the petitioner unless under due process of law.
Case Type
Civil Suit
Final Judgment
No
The court allowed in part the petition for temporary injunction, restraining the respondents from forcibly evicting the petitioner, provided the petitioner deposits the outstanding rent and electricity charges within a specified time frame.
Why Plaintiff Won:
The petitioner has established a prima facie case regarding her possession and investment in the property under the lease agreement.
The petitioner has established a prima facie case regarding her possession and investment in the property under the lease agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has established she invested significant funds into the property and has made attempts to meet her obligations, indicating her intention to fulfill the terms of the lease.
Judgment Evidence:
I.A.2/2025 is allowed in part as follows: The respondents, their men and agents from forcibly evicting or dispossessing the petitioner from the injunction schedule property unless under due process of law upon the condition that the petitioner shall deposit the rent that was in arrears from the date of this suit till the date of this order and also ₹4,907.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyni Thankamani Chandran Iyer @ Vasthavika Iyer
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vanaja Narayanankutty
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Narayankutty
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Copy of the lease Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peter M Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.T.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Shylaja
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Josepaul Thottam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Fathima Razak
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jibymon Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aswin Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
The petitioner sought to restrain the respondents from forcibly evicting or dispossessing her from the premises.
Evidence:
The respondents, their men and agents from forcibly evicting or dispossessing the petitioner from the injunction schedule property unless under due process of law.
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
The respondents sought a prohibitory injunction against the petitioner from subletting the property.
Evidence:
The petitioner is hereby restrained from subletting the building to any other person or committing any waste there.
Relief Type:
Payment of Arrears
Outcome:
Partly Granted
Description:
The respondents sought arrears of rent and electricity charges from the petitioner.
Evidence:
The petitioner shall deposit the rent that was in arrears from the date of this suit till the date of this order and also ₹4,907, which is the electricity charges due for the months of February and March 2025 within 1 month.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document is the basis for the lease, establishing the terms under which the petitioner operates the café.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was referred to during the proceedings.
Reference:
Ext.C1
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 Shyni Thankamani Chandran Iyer @ Vasthavika Iyer vs Vanaja Narayanankutty et al regarding temporary injunction
Case Code Year
Case between Shyni Thankamani Chandran Iyer @ Vasthavika Iyer vs Vanaja Narayanankutty et al regarding temporary injunction