Case Summary
The plaintiffs, M/s M Acoustics and others, seek an interim mandatory injunction against the defendants for unlawfully locking them out of the premises they rented for business. The plaintiffs claim they have been wrongfully denied access to their property and seek court intervention to retrieve the keys and resume operations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim mandatory injunction to hand over the keys of the petition schedule building
Case Type
Civil Suit
Final Judgment
No
The court found merit in the plaintiffs' claims and granted their request for an interim mandatory injunction. The defendants are ordered to return the keys to the plaintiffs within a week to allow them to resume their business operations.
Why Plaintiff Won:
The court determined that the plaintiffs maintained a lawful tenancy and the taking of keys could lead to unlawful eviction.
The court determined that the plaintiffs maintained a lawful tenancy and the taking of keys could lead to unlawful eviction.
Losing Side's Weaknesses:
The court determined that the plaintiffs maintained a lawful tenancy and the taking of keys could lead to unlawful eviction.
The court determined that the plaintiffs maintained a lawful tenancy and the taking of keys could lead to unlawful eviction.
Supporting Evidence
The court is satisfied that the petitioners have established a strong prima facie case in their favour and balance of convenience is in favour of the petitioners as the lease deed is continuing.
Judgment Evidence:
In the result, Petition is allowed. Respondents are directed by an interim mandatory injunction to hand over the keys of the petition schedule building to the petitioners within one week.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s M Acoustics
- Party Age
- 42
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- M/s Melbourne Pro Av Tech
- Party Age
- 42
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- M/s Melbourne Media Factory
- Party Age
- 42
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Anson I J
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Bismi Rajesh
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 48
Plaintiffs Documents
Copy of the details regarding the rent paid to the defendants by the 1st plaintiff, Copy of the details regarding the rent to the defendants by the 2nd plaintiff, Copy of the details regarding the rent paid to the defendants by the 3rd plaintiff
Defendants Documents
Lease agreement signed by plaintiff No: 4 for Naath Consultancy, Lease agreement signed by plaintiff No: 4 for Global acoustics
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A T Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V Shylaja
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Josepaul Thottam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Razak
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jibymon Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Litto Palathingal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Baby
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Judy Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tessy M Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Respondents are directed by an interim mandatory injunction to hand over the keys of the petition schedule building to the petitioners within one week.
Evidence:
the petition is liable to be allowed. In the facts and circumstances of the case, parties are directed to suffer their respective costs.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners are directed to pay the admitted rent from the month of July till date to the respondents without fail.
Evidence:
Petitioners shall remit the admitted rent each month thereafter on the date fixed as per the lease agreement.
Documents & Evidence
Document Type:
Rent Payment Details
Submitted By:
Plaintiff
Relevance:
This document shows the details regarding the rent paid to the defendants by the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Rent Payment Details
Submitted By:
Plaintiff
Relevance:
This document shows the details regarding the rent paid to the defendants by the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Rent Payment Details
Submitted By:
Plaintiff
Relevance:
This document shows the details regarding the rent paid to the defendants by the 3rd plaintiff.
Reference:
Ext.A3
Document Type:
Lease Agreement
Submitted By:
Defendant
Relevance:
This lease agreement was signed by plaintiff No. 4 for Naath Consultancy.
Reference:
Ext.B1
Document Type:
Lease Agreement
Submitted By:
Defendant
Relevance:
This lease agreement was signed by plaintiff No. 4 for Global acoustics.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report outlines the findings from the commission regarding the case.
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 M/s M Acoustics et al vs Bismi Rajesh et al regarding interim mandatory injunction
Case Code Year
Case between M/s M Acoustics et al vs Bismi Rajesh et al regarding interim mandatory injunction