Case Summary
Babu Francis is the petitioner seeking a temporary prohibitory injunction against Jose Francis and IDBI Bank regarding property boundaries. The dispute centers around a mortgage and property acquisition that may affect Babu's property rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining the 2nd respondent from taking possession of any part of plaint A scheduled property until its boundary is fixed.
Case Type
Civil Suit
Final Judgment
No
The petition for a temporary prohibitory injunction was granted in favor of the petitioner, Babu Francis.
Why Plaintiff Won:
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
Losing Side's Weaknesses:
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
The petitioner demonstrated a prima facie case and the balance of convenience favored granting the injunction.
Supporting Evidence
The petitioner has shown a prima facie case and the balance of convenience and granting the interim relief as sought for is also in favor of the petitioner.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu Francis
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jose Francis
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The IDBI Bank Ltd
- Relation
- represented by its Manager
Plaintiffs Documents
True copy of the settlement deed no. 6027/03 of Ernakulam SRO, True copy of the land tax receipt no. 61811 issued from the village office, Elamkulam, Copy of the Award by Special Tahsildar (LA), Kochi Corporation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Sudheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B.Dayal
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gopika N Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Lal K Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Muralidharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sethu Krishna R.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Manuel K.M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.Ajith Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary prohibitory injunction restraining the 2nd respondent from taking over the possession of any part of plaint A scheduled property till its boundary is fixed by this court
Evidence:
Thus, the point is found in favor of the petitioner. The petition is allowed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
True copy of the settlement deed no. 6027/03 of Ernakulam SRO
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
True copy of the land tax receipt no. 61811 issued from the village office, Elamkulam
Reference:
Ext.A2
Document Type:
Award
Submitted By:
Plaintiff
Relevance:
Copy of the Award by Special Tahsildar (LA), Kochi Corporation
Reference:
Ext.A3
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 Babu Francis vs Jose Francis et al regarding temporary prohibitory injunction
Case Code Year
Case between Babu Francis vs Jose Francis et al regarding temporary prohibitory injunction