Case Summary
Vishnu M.J filed a petition against Rajesh Kumar seeking to attach property due to breach of a construction contract. The plaintiff claims financial loss due to the defendant's negligence and failure to adhere to agreement terms.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition of the plaintiff for attachment of the defendant's property, stating that the petitioner failed to establish a prima facie case.
Key Reasoning:
The petitioner failed to make out a case for grant of equitable relief.
The petitioner failed to make out a case for grant of equitable relief.
Why Defendant Won:
The petitioner failed to make out a case for grant of equitable relief.
The petitioner failed to make out a case for grant of equitable relief.
Supporting Evidence
The petitioner has failed to make out a case for grant of an equitable relief of injunction from this court.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu M.J
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh Kumar
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of the Agreement for Contract, Proposed plan of residential building of the plaintiff, True copy of the Tax Invoice bearing no. GST/R/0658, Complaint made by the plaintiff against the Defendant before Kalamassery Municipal Secretary, Complaint made by the plaintiff against the Defendant before SHO Kalamassery Police Station, Copy of photographs (13 nos)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.C.Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Frijo K Sundaram
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.Anil Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bincy Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aravind Ajith
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Fadiya Farza V.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioner sought an order for attaching the property belonging to the defendant.
Evidence:
Hence, the point is found against the petitioner. In the result, the petition is dismissed.
Documents & Evidence
Document Type:
Contract agreement
Submitted By:
Plaintiff
Relevance:
Copy of the construction agreement between the plaintiff and defendant dated 14.03.2024.
Reference:
Ext.A1
Document Type:
Building Plan
Submitted By:
Plaintiff
Relevance:
Proposed plan of the residential building of the plaintiff.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
True copy of the tax invoice bearing no. GST/R/0658.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint made by the plaintiff against the defendant before Kalamassery Municipal Secretary.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint made by the plaintiff against the defendant before SHO Kalamassery Police Station.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Copy of photographs (13 nos) related to the case.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vishnu M.J vs Rajesh Kumar regarding attachment of property
Case Code Year
Case between Vishnu M.J vs Rajesh Kumar regarding attachment of property