Case Summary
Sujith P S filed a petition for a temporary injunction against Shaju Varghese. The court found that not granting the injunction could cause irreparable harm to the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction restraining the defendant from evicting the petitioner
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction against Shaju Varghese, preventing him from evicting Sujith P S from the shop room.
Why Plaintiff Won:
The petitioner made out a prima facie case for the injunction.
The petitioner made out a prima facie case for the injunction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the petitioner has made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioner.
Judgment Evidence:
Hence an order of interim injunction is passed restraining defendant and all claiming under him from evicting the petitioner forcefully.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujith P S
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaju Varghese
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M Jayakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shaji Mathew N M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumya Francis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vinaya V Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Interim injunction restraining defendant and all claiming under him from evicting the petitioner or making any obstruction to the use and occupation of the plaint schedule shop room.
Evidence:
an order of interim injunction is passed restraining defendant and all claiming under him from evicting the petitioner forcefully or making any obstruction to the use and occupation of the plaint schedule shop room without due process of law.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024