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O.S. No. 1338/2024

Case between Mrs. Nitha Dileep Kumar vs Dr. Dhanya Viswam regarding permanent prohibitory injunction

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. Reeja R. Nair
Order Date
2025-08-19
Duration
approximately-10 months 1 day
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Mrs. Nitha Dileep Kumar, seeks a permanent prohibitory injunction against the defendant, Dr. Dhanya Viswam, who is obstructing her business operations as a tenant. The defendant has unlawfully interfered with the plaintiff's rights as a tenant, causing financial losses.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in part, granting the plaintiff a permanent prohibitory injunction against the defendant to prevent interference with her business operations.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's business operations.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, granting the plaintiff a permanent prohibitory injunction against the defendant to prevent interference with her business operations.
Why Plaintiff Won:
The plaintiff established her case through unrebutted testimony and evidence showing unlawful obstruction.
Losing Side's Weaknesses:
The plaintiff established her case through unrebutted testimony and evidence showing unlawful obstruction.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 and Exts.C1 series, established her case as pleaded by her. The apprehension of the plaintiff in obstructing the peaceful conduct of her business in plaint A schedule is made out.

Judgment Evidence:

In the result, suit is decreed in part as follows. i.A decree of permanent prohibitory injunction is passed restraining the defendant from obstructing the peaceful conducting of the business in the plaint A schedule properties by the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. Nitha Dileep Kumar
Party Age
59
Relation
W/o
Party Role
Defendant
Party Name
Dr. Dhanya Viswam
Party Age
54
Plaintiffs Documents
Printout of license No.BFIF02-C070100-11610-2024 issued from the Cochin Corporation, printout of property tax receipt, printout of professional tax receipt, printout of GST Registration certificate, Power of Attorney.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
N.S. Mohamed Usman
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P. Priya Devi
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
C.K. Sajeev
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arjun Viswas. R.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.R. Aravindakshan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against the defendant from obstructing business operations
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendant from obstructing the peaceful conducting of the business...
Relief Type: Costs
Outcome: Granted
Description:
Entitlement to realize costs of the suit from the defendant
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and from her assets.

Documents & Evidence

Document Type: Printout of license
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's legal right to operate the business.
Reference:
Ext.A1
Document Type: Printout of property tax receipt
Submitted By: Plaintiff
Relevance:
Shows compliance with local tax obligations.
Reference:
Ext.A2
Document Type: Printout of professional tax receipt
Submitted By: Plaintiff
Relevance:
Demonstrates payment of professional tax for conducting business.
Reference:
Ext.A3
Document Type: Printout of GST Registration certificate
Submitted By: Plaintiff
Relevance:
Confirms the plaintiff's GST registration for business operations.
Reference:
Ext.A4
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Shows authorization in connection with the case.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Provided findings that supported the evidence in the case.
Reference:
Ext.C1
Document Type: Sketch and photographs
Submitted By: Court
Relevance:
Visual evidence supporting the commission report findings.
Reference:
Ext.C1(a) & C1(b)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Testimony of the plaintiff provided additional context to the claims.
Reference:

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 Mrs. Nitha Dileep Kumar vs Dr. Dhanya Viswam regarding permanent prohibitory injunction
Case Code Year
Case between Mrs. Nitha Dileep Kumar vs Dr. Dhanya Viswam regarding permanent prohibitory injunction

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 10/12/2024 - 12:00
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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