Case Summary
Sunil Krishnan, the plaintiff, filed a suit against Rosily Joshy, the defendant, for a permanent prohibitory injunction to prevent eviction from the rented property. The case discusses issues related to unpaid rent and the conditions of the rental agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Injunction order vacated; respondent directed to pay arrears of rent.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition in part, vacating the injunction order against the plaintiff and directing him to pay the overdue rent within a specified timeframe.
Why Plaintiff Won:
The plaintiff failed to comply with rent payment obligations, leading to the decision in favor of the petitioner.
The plaintiff failed to comply with rent payment obligations, leading to the decision in favor of the petitioner.
Losing Side's Weaknesses:
The plaintiff failed to comply with rent payment obligations, leading to the decision in favor of the petitioner.
The plaintiff failed to comply with rent payment obligations, leading to the decision in favor of the petitioner.
Supporting Evidence
It was further held that, 'The right to approach a court seeking discretionary reliefs pre-supposes the satisfaction of certain mandatory legal obligations on the part of the litigant in his admitted status.'
Judgment Evidence:
In the result, the petition is allowed in part as follows; i.The injunction order dated 23.05.2025 in IA No.1/2023 hereby stands vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Krishnan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rosily Joshy
- Party Age
- 63
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Aswin Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anwin Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saranya Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aditya Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mahesh Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shallet K. Sam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachu Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
The injunction order dated 23.05.2025 in IA No.1/2023 hereby stands vacated.
Evidence:
In the result, the petition is allowed in part as follows;
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to pay to the monthly rent arrears of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand only) which is due as on 31.08.2025.
Evidence:
The respondent is directed to pay to the monthly rent arrears of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand only) which is due as on 31.08.2025, i.e due till the month of passing of this order, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to pay the monthly rent at the rate of Rs.18,000/- (Rupees Eighteen Thousand only) per month, which may be subsequently fall due.
Evidence:
The respondent shall continue to pay the monthly rent at the rate of Rs.18,000/- (Rupees Eighteen Thousand only) per month, which may be subsequently fall due, within 15 days from the date of due till the culmination of suit proceedings.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sunil Krishnan vs Rosily Joshy regarding permanent prohibitory injunction
Case Code Year
Case between Sunil Krishnan vs Rosily Joshy regarding permanent prohibitory injunction