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O.S. No.755/2023

Case between Mahin K A vs Santhi R Menon et al regarding Suit for permanent prohibitory injunction

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-01-18
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mahin K A filed a suit against Santhi R Menon and Mini Latheesh seeking a permanent prohibitory injunction to prevent unlawful eviction and refund of a deposit. The plaintiff claimed he was misled into leasing a property and faced threats of illegal eviction.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, stating that the defendants are permanently restrained from forcibly evicting the plaintiff and his family. Additionally, the defendants were ordered to pay the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, stating that the defendants are permanently restrained from forcibly evicting the plaintiff and his family. Additionally, the defendants were ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his possession of the property and the nature of the lease agreement through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved his possession of the property and the nature of the lease agreement through unchallenged evidence.
Supporting Evidence
The apprehension of plaintiff is well founded. 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 on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff and his family members from the plaint schedule building. 2) Defendants are directed to pay costs of the suit to plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mahin K A
Party Age
37
Relation
S/o
Party Role
Defendant
Party Name
Santhi R Menon
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Mini Latheesh
Party Age
50
Relation
W/o
Plaintiffs Documents
Original printout of acknowledgment receipt of petition/Compliant issued from Palarivattom Police Station
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Ratheesh M B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abraham P George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Johny Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jose K V
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Akash Philip
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Elsa Jacob
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sandra K Sajay
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff and his family members from the plaint schedule building.
Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff and his family members from the plaint schedule building.
Relief Type: Other
Outcome: Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: Acknowledgment Receipt
Submitted By: Plaintiff
Relevance:
Shows the acknowledgment receipt issued to plaintiff dated 15.06.2023 from Palarivattom Police station.
Reference:
Ext.A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Contains the report of the Advocate commissioner dated 04.08.2023 showing the lie and nature of the plaint schedule residential building.
Reference:
Ext.C1

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 Mahin K A vs Santhi R Menon et al regarding Suit for permanent prohibitory injunction
Case Code Year
Case between Mahin K A vs Santhi R Menon et al regarding Suit for permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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