Case Summary
The case involves a petition for temporary injunction filed by the defendant to restrain the plaintiffs from obstructing access to certain areas of a two-storied building. The plaintiffs are alleged to be misusing an injunction order and encroaching on areas not included in their tenancy.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for temporary injunction filed by the defendant was dismissed. The court found that the defendant failed to prove a prima facie case, and the balance of convenience favored the plaintiffs.
Key Reasoning:
The court found that the defendant did not present sufficient evidence to prove their claims.
The court found that the defendant did not present sufficient evidence to prove their claims.
Why Defendant Won:
The court found that the defendant did not present sufficient evidence to prove their claims.
The court found that the defendant did not present sufficient evidence to prove their claims.
Supporting Evidence
The court is satisfied that petitioner has failed to prove a prima facie case in his favour.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- GibinKk Varghese
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Smitha Nainan
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sivan M G
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original Lease agreement executed between the plaintiff and the defendant, Photocopy of the Bank transaction dated 18.08.2023 and 20.08.2023 between 1st plaintiff and the defendant.
Defendants Documents
Nil
Advocates
- Party Role
- Defendant
- Advocate Name
- Frijo K Sundaram
- Appearance Type
- Main 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
- Nigil Shanly
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Unnimaya M R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Fadiya Farza V A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P B Malini Rao
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T M Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kiran Johny
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul T Samuel
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The defendant requested a temporary injunction to restrain the plaintiffs from obstructing access to certain areas of the property.
Evidence:
Therefore, court is satisfied that the petitioner herein has failed to prove his case prima facie. Therefore, granting of injunction would cause irreparable injury to the respondents as it will hinder the enjoyment and use of properties of respondents.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Defendant
Relevance:
This document is crucial for establishing the terms of the tenancy agreement between the defendant and the plaintiffs.
Reference:
Ext B1
Document Type:
Bank Transaction
Submitted By:
Defendant
Relevance:
This document supports the financial transaction between the plaintiffs and the defendant concerning the lease.
Reference:
Ext B2
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
This cheque serves as evidence of payment made by the first plaintiff to the defendant.
Reference:
Ext B3
Document Type:
Payment Bills
Submitted By:
Defendant
Relevance:
These bills provide additional evidence regarding the payments related to the lease.
Reference:
Ext B4 series
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This notice issued by the defendant outlines issues related to the tenancy and is part of the ongoing dispute.
Reference:
Ext B5
Document Type:
Lease Agreement
Submitted By:
Defendant
Relevance:
This document serves as additional evidence of the lease terms between the parties.
Reference:
Ext B6
Document Type:
Police Complaint
Submitted By:
Defendant
Relevance:
This complaint filed by the defendant documents grievances related to the plaintiff's actions.
Reference:
Ext B7
Document Type:
Police Receipt
Submitted By:
Defendant
Relevance:
This receipt acknowledges the filing of a complaint regarding the plaintiff's actions.
Reference:
Ext B8
Document Type:
Complaint to Police Commissioner
Submitted By:
Defendant
Relevance:
This document further substantiates the defendant's claims of harassment and issues with the plaintiffs.
Reference:
Ext B9
Document Type:
Acknowledgment Receipt
Submitted By:
Defendant
Relevance:
This acknowledgment proves that a complaint was duly filed with the authorities.
Reference:
Ext B10
Document Type:
Acknowledgment Receipt
Submitted By:
Defendant
Relevance:
This receipt confirms another instance of communication with the police regarding the ongoing issues.
Reference:
Ext B11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings that the court relied on while making its decision.
Reference:
Ext C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was essential for the court's assessment of the case and the claims of obstruction.
Reference:
Ext C2
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 GibinKk Varghese et al vs Sivan M G regarding temporary injunction
Case Code Year
Case between GibinKk Varghese et al vs Sivan M G regarding temporary injunction