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O.S. No. 1150/2023

Case between K M Babu vs Vyapar Mandir Palarivattom Pvt. Ltd. et al regarding temporary injunction

Court
Court of Munsiff, Ernakulam
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-08-20
Duration
approximately-2 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

K M Babu, an electric contractor, seeks a temporary injunction against Vyapar Mandir Palarivattom Pvt. Ltd. and its directors to prevent unlawful eviction from his rented commercial space. The defendants claim that the plaintiff is a trespasser and deny any tenancy agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for temporary injunction, restraining the defendants from forcibly evicting the plaintiff from the rented premises until the suit is resolved. The plaintiff must pay outstanding rent within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from forcibly evicting the plaintiff from the rented room.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for temporary injunction, restraining the defendants from forcibly evicting the plaintiff from the rented premises until the suit is resolved. The plaintiff must pay outstanding rent within 30 days.
Why Plaintiff Won:
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
Losing Side's Weaknesses:
The plaintiff established a prima facie case, showing potential irreparable injury if an injunction was not granted.
Supporting Evidence
In these circumstances, in the absence of any contra materials on record, this court is of the view that the petitioner has established a prima facie case.

Judgment Evidence:

In the result, the petition is allowed as follows: 1) Petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioner's peaceful possession, use and enjoyment over the petition schedule property without due process of law.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K M Babu
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Vyapar Mandir Palarivattom Pvt. Ltd.
Relation
represented by its Managing Director
Party Role
Defendant
Party Name
Babu Foustin Nanat Antony
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
V D Viju
Relation
S/o
Plaintiffs Documents
True copies of Rental receipts (32 nos.), True copies of Electricity bills (2 nos.), True copy of Complaint
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Itlal C
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Beena N Kartha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arunchand
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Majid K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Gopika Gopal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Poornima Rajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Philip T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Achu Shuba Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amala Purushothaman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Gayathri Vijayan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kalyani G Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Urmila M G
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thahseem A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vishnu Satheesan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rineesha Rajkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aravind Samson
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Temporary injunction restraining defendants from forcibly evicting the plaintiff.
Evidence:
The petition is allowed. 1st respondent is restrained by temporary injunction from forcibly evicting plaintiff from plaint B schedule room and also from interfering with the petitioners peaceful possession, use and enjoyment over the petition schedule property without due process of law.
Relief Type: Other
Outcome: Granted
Description:
Direction to pay monthly rent arrears of Rs.49,280 within 30 days.
Evidence:
The petitioner is directed to pay to the monthly rent arrears of Rs.49,280 which is due as on August 2025.
Relief Type: Other
Outcome: Granted
Description:
Affidavit undertaking to pay ongoing rent timely.
Evidence:
The petitioner shall file an affidavit stating that he shall undertake to continue to pay the rent at the rate of Rs.1,540 per month.

Documents & Evidence

Document Type: Rental receipts
Submitted By: Plaintiff
Relevance:
True copies of rental receipts were used to establish the plaintiff's payment of rent.
Reference:
Ext.A1
Document Type: Electricity Bills
Submitted By: Plaintiff
Relevance:
True copies of electricity bills were presented as evidence.
Reference:
Ext.A2
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
A true copy of the complaint was submitted to support the plaintiff's claims.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
The commission report was referenced to discuss the condition and occupation of the premises.
Reference:
Ext.C1

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 K M Babu vs Vyapar Mandir Palarivattom Pvt. Ltd. et al regarding temporary injunction
Case Code Year
Case between K M Babu vs Vyapar Mandir Palarivattom Pvt. Ltd. et al regarding temporary injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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