Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 450/2019

Case between Gilroy Mendez vs M/s Bhagyodayam Company Ltd. regarding modification of injunction order

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-07-02
Duration
approximately-6 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Gilroy Mendez, filed a suit seeking a permanent prohibitory injunction against M/s Bhagyodayam Company Ltd. for interference with his possession of the property. The plaintiff's request to modify a previous injunction order to impose conditions for paying arrears was dismissed.

Judgment Outcome

Defendant Won
Interim Order
The petition to modify the injunction order was dismissed for lack of merit, with parties required to bear their respective costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to modify the injunction order was dismissed for lack of merit, with parties required to bear their respective costs.
Key Reasoning:
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
Why Defendant Won:
The court found no merit in the petition to modify the injunction as there were no changed circumstances or evidence of default in payment.
Supporting Evidence
The petitioner has also failed to produce any evidence to establish that no license fee has been paid from 01.10.2015 till date. This is a matter of evidence which cannot be decided at the interim stage under the guise of a request to modify the injunction order.

Judgment Evidence:

In the result, Petition is dismissed. Considering the facts and circumstance of the case, parties are directed to bear their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Gilroy Mendez
Relation
S/o
Party Role
Plaintiff
Party Name
Antony Mendez @ Shelton
Relation
S/o
Party Role
Defendant
Party Name
M/s Bhagyodayam Company Ltd.
Party Age
53
Relation
Represented by
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Dinesh R Shenoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
G Rajagopal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
S Leelalakshmi
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Modification of the order of injunction dated 10.04.2019 by imposing payment conditions on the plaintiff.
Evidence:
Therefore, this Court finds no merit in the application. Accordingly, the petition is dismissed for lack of merit.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Gilroy Mendez vs M/s Bhagyodayam Company Ltd. regarding modification of injunction order
Case Code Year
Case between Gilroy Mendez vs M/s Bhagyodayam Company Ltd. regarding modification of injunction order

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 03/29/2019 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Company

Similar Cases

Case between Careon Healthcare Solutions (p) ltd vs Keerthy regarding recovery of money
I Additional Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between KPB Nidhi Limited vs Ms. Geethalakshmi et al regarding mediation settlement
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Dr. Radha Devi vs Sri. Sunil Kumar C.S regarding realisation of money
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between K H Ramlath Nazer vs Apex India Education and Charitable Trust et al regarding realization of money
Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between Roby K. Skariah vs Merin Paul regarding realisation of money
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won