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O.S No. 119/2021

Case between Sreejith N.U vs Joseph Martin et al regarding permanent prohibitory injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-30
Duration
approximately-3 years 9 months 29 days

Judgement document from eCourt website

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Case Summary

The plaintiff, Sreejith N.U, is involved in a dispute with the defendants regarding a fitness center lease. The case is about preventing the defendants from evicting the plaintiff from the leased premises unlawfully.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a permanent prohibitory injunction, restraining the defendants from evicting the plaintiff from the fitness center without following due process of law.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff was found to be in possession of the rented property, and the court deemed the eviction attempts unlawful.

Judgment Evidence:

In the result, the suit is decreed as follows: the defendants and their men and agents are restrained by a decree of permanent prohibitory injunction from evicting the plaintiff from the plaint schedule room by force.

Parties Involved

Plaintiffs

Sreejith N.U (31 years) Neriyamkott House, Mamangalam, Palarivattom P.O., Pin 682 025, Edappally South Village, Kanayannur Taluk, Ernakulam District. Nineesh Thankachan (33 years) Aluvassery House, Bhavans South Road, Elamakkara P.O., Pin- 682 026, Edppally North Village, Kanayannur Taluk, Ernakulam District.

Defendants

Joseph Martin (48 years) Nilavareth House, Kaloor, Ernakulam, Kochi-682 018. Harikrishna Varma (26 years) Ambady House, Chennankulingara Road, Edappally P.O., Ernakulam, Kochi- 682 024. Binu Jacob (31 years) Edathottiyil House, Marottichuvadu, Sahakarana Road, Edappally, Ernakulam, Kochi- 682 024.

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The plaintiff requested a permanent prohibitory injunction restraining the defendants from evicting him forcibly from the plaint schedule room.
Evidence:
The plaintiff is entitled to get a decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiff from the plaint schedule room, otherwise than in due process of law, as sought for.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
This document authorizes the power of attorney holder to conduct the case on behalf of the plaintiff.
Reference:
Ext.A1
Document Type: Partnership Deed
Submitted By: Plaintiff
Relevance:
This document outlines the partnership agreement of the plaintiff's fitness center.
Reference:
Ext.A2
Document Type: FIR
Submitted By: Plaintiff
Relevance:
This document serves as evidence of the police complaint filed regarding threats and intimidation.
Reference:
Ext.A3
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
This document is relevant as it pertains to the communication regarding the lease agreement.
Reference:
Ext.A4
Document Type: Petition in Rent Control Case
Submitted By: Plaintiff
Relevance:
This document is a petition that outlines the proceedings regarding eviction in a rent control case.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides findings relevant to the case from a court-appointed commissioner.
Reference:
Ext.C1

Quick Facts

Location
Ernakulam
Case Filed
Mon, 01/25/2021 - 12:00
Outcome Confidence
90%

Involved Entities

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