Case Summary
The plaintiffs, Abith and Cherian Antony, are seeking a permanent injunction against the defendant, Nagadurga Rao, who claims sole proprietorship over their partnership firm, Craftmade. The case involves allegations of fraud and misappropriation of funds by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained by a permanent prohibitory injunction from using the plaint schedule property for personal use.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed partly, restraining the defendant from using the partnership property for personal use and from preventing the plaintiffs from accessing it. The defendant was also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged evidence.
The plaintiffs established their case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged evidence.
The plaintiffs established their case through unchallenged evidence.
Supporting Evidence
On perusal of the proof affidavit and documents produced, which remain unchallenged, I am satisfied that plaintiff has established his case.
Judgment Evidence:
In the result, suit is decreed partly on the following terms. 1) Defendant is restrained by a permanent prohibitory injunction from using the plaint schedule property for his personal use and his business apart from the business of partnership firm Craftmade in which the plaintiffs and defendant are partners and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abith
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Cherian Antony
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nagadurga Rao
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
True copy of retail invoice of the firm Craftmade, True copy of letter dated 05.11.2019, True copy of the GST invoice of the firm Craftmade, True copy of partnership deed of the firm Craftmade Solution.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P M Ziraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhany CM
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Defendant is restrained from using the plaint schedule property for personal use apart from the business of the partnership firm Craftmade.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from using the plaint schedule property for his personal use and his business apart from the business of partnership firm Craftmade in which the plaintiffs and defendant are partners and committing any waste therein.
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Defendant is restrained from preventing plaintiffs from entering the plaint schedule property as partners of the firm.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from preventing the plaintiffs to enter into the plaint schedule property as partners of the firm.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to the plaintiff.
Evidence:
Defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Retail Invoice
Submitted By:
Plaintiff
Relevance:
Shows a retail invoice of the firm Craftmade.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter dated 05.11.2019 issued from Federal Bank, Kottayam branch.
Reference:
Ext.A2
Document Type:
GST Invoice
Submitted By:
Plaintiff
Relevance:
A GST invoice of the firm Craftmade.
Reference:
Ext.A3
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Copy of the partnership deed of the firm Craftmade Solution.
Reference:
Ext.A4
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 Abith vs Nagadurga Rao regarding permanent prohibitory injunction.
Case Code Year
Case between Abith vs Nagadurga Rao regarding permanent prohibitory injunction.