Case Summary
The plaintiff, Majeed P M, a senior citizen and retail cement businessman, is seeking a permanent prohibitory injunction against the defendants, Sree Narayana Seva Yogam Kanjiramattom and others, to prevent them from evicting him from a shop room he has occupied since 2011. The defendants are attempting to evict him for alleged construction purposes, but the plaintiff argues this is a pretext to forcibly remove him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction to restrain the defendants from evicting him without due process.
Why Plaintiff Won:
The plaintiff established his case showing no intent of eviction through due process by the defendants.
The plaintiff established his case showing no intent of eviction through due process by the defendants.
Losing Side's Weaknesses:
The plaintiff established his case showing no intent of eviction through due process by the defendants.
The plaintiff established his case showing no intent of eviction through due process by the defendants.
Supporting Evidence
The apprehension of plaintiff is true from Ext A1. From evidence of DW1, it is evident that they have no intention to evict the plaintiff without due process of law.
Judgment Evidence:
Hence suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiff from plaint schedule building bearing No.15/611(old No.10/230 G) of Amballoor Panchayath.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Majeed P M
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sree Narayana Seva Yogam Kanjiramattom
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- K K Girijan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A N Jayan
- Party Age
- 39
Plaintiffs Documents
Original notice dated 26.02.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K A Rasheed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Varghese P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff sought a permanent prohibitory injunction restraining the defendants from forcibly evicting him.
Evidence:
Hence plaintiff is entitled to a decree of permanent prohibitory injunction restraining defendants and their men from forceful eviction of plaintiff from plaint schedule room without due process of law.
Relief Type:
Other
Outcome:
Not Decided
Description:
The plaintiff sought to restrain the defendants from demolishing the wall or any portion of the shop-room.
Evidence:
With respect to second relief sought in plaint for restraining defendants and their men from demolishing the wall or any portion of the plaint schedule room or causing any damage to the plaint schedule shop-room, plaintiff has not produced any proof to substantiate his claim.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the defendant demanding the plaintiff to vacate the premises.
Reference:
Ext.A1
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 Majeed P M vs Sree Narayana Seva Yogam Kanjiramattom et al regarding permanent prohibitory injunction
Case Code Year
Case between Majeed P M vs Sree Narayana Seva Yogam Kanjiramattom et al regarding permanent prohibitory injunction