Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS No. 104/2023

Case between Simson.P.Mathew vs N.K.Kurian et al regarding injunction

Court
COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-02-28
Duration
approximately-8 years 20 days
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, Simson.P.Mathew and Thomas Mathew, conducted a nature-friendly farm restaurant on property owned by the defendants. The suit was filed to prevent the defendants from forcibly evicting the plaintiffs from the property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, stating that the plaintiffs failed to prove the identity of the property for which they sought the injunction.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, stating that the plaintiffs failed to prove the identity of the property for which they sought the injunction.
Key Reasoning:
Plaintiffs did not establish the identity of the property as pleaded.
Why Defendant Won:
Plaintiffs did not establish the identity of the property as pleaded.
Supporting Evidence
Going through Ext.A1 it can be seen that description plaint schedule property was not tallying with it.

Judgment Evidence:

In the result, suit is dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Simson.P.Mathew
Party Age
48
Relation
S/o
Party Role
Plaintiff
Party Name
Thomas Mathew
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
N.K.Kurian
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Lathika Kurian
Party Age
49
Relation
W/o
Party Role
Defendant
Party Name
Kevin Kurian
Party Age
21
Relation
S/o
Party Role
Defendant
Party Name
Kiran Kurian
Party Age
17
Relation
S/o
Party Role
Defendant
Party Name
Abhilash Chandran
Party Age
42
Relation
S/o
Plaintiffs Documents
Agreement dated 01/02/2017, Receipts of payments dated 10.02.2017, 17.02.2017, 22.02.2017, 28.02.2017
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
R.Gaganan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.Krishnakumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Request for a decree of permanent prohibitory injunction to restrain defendants from forcibly evicting the plaintiffs.
Evidence:
Hence, I am of view that plaintiffs are not entitled to get a decree for injunction as prayed for.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Agreement dated 01/02/2017 regarding the operation of the restaurant.
Reference:
Ext.A1
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt of the payment dated 10.02.2017.
Reference:
Ext.A2
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt of the payment dated 17.02.2017.
Reference:
Ext.A3
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt of the payment dated 22.02.2017.
Reference:
Ext.A4
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Receipt of the payment dated 28.02.2017.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Urgent Commission report filed by Adv.Harikrishnan.S.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough sketch prepared by Adv.Commissioner attached along with the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Simson.P.Mathew vs N.K.Kurian et al regarding injunction
Case Code Year
Case between Simson.P.Mathew vs N.K.Kurian et al regarding injunction

Quick Facts

Location
Vaikom Taluk, Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Wed, 02/01/2017 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
70%

Involved Entities

Similar Cases

Case between Kamala Veni et al vs Rajan et al regarding injunction and fixing the boundaries.
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between Santhosh vs Pushkaran et al regarding permanent prohibitory injunction.
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Defendant Won
Case between Merykutty vs James et al regarding permanent prohibitory injunction
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between George vs Mary regarding mediation settlement
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between Ancy vs Jose @ P.S.Joseph et al regarding partition and permanent prohibitory injunction.
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won