Case between Udayakumar T. K. vs Mathai K. G. regarding temporary prohibitory injunction

Case Summary

Udayakumar T. K. and Saira Udayan are seeking a temporary prohibitory injunction against Mathai K. G. and Varghesekutty K. M. regarding the demolition of a wall situated at the eastern side of the plaint B schedule property.

Judgment Outcome

Plaintiff Won

Interim Order

The court found that the petitioners established a prima facie case and that the balance of convenience lies in favor of the petitioners. The court granted a temporary injunction against the defendants from demolishing the wall.

Judgment Favored

Plaintiff

Relief Granted

Temporary prohibitory injunction against the demolition of the wall.

Case Type

Civil Suit

Final Judgment

No

The court found that the petitioners established a prima facie case and that the balance of convenience lies in favor of the petitioners. The court granted a temporary injunction against the defendants from demolishing the wall.

Why Plaintiff Won:
The petitioner established a prima facie case and the balance of convenience was in their favor.

Losing Side's Weaknesses:
The petitioner established a prima facie case and the balance of convenience was in their favor.

Supporting Evidence

This Court is satisfied that the petitioner has established a prima facie case and that the balance of convenience lies in favour of the petitioner.

Judgment Evidence:

Accordingly, until further orders, the respondents and any person under them are hereby temporarily restrained from demolishing any portion of the wall (kayyala) situated at the eastern side of the plaint B schedule property.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Udayakumar T. K.
Party Age: 64
Relation: S/o

Party Role: Plaintiff
Party Name: Saira Udayan
Party Age: 56
Relation: W/o

Party Role: Defendant
Party Name: Mathai K. G.
Party Age: 75
Relation: S/o

Party Role: Defendant
Party Name: Varghesekutty K. M.
Party Age: 60
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Varghese P. Chako
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Dennis Varghese
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

Seeking a temporary prohibitory injunction to restrain the respondents from demolishing any portion of the wall situated at the eastern side of the plaint B schedule property.

Evidence: