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O.S.No. 1145 /2 023

Case between Pratheesh J R vs Sanilkumar K S regarding Counter Claim for Temporary Injunction

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-05
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Pratheesh J R as the petitioner and Sanilkumar K S as the respondent. The petitioner seeks a temporary injunction to prevent the respondent from alienating a generator that is the subject of a counter claim.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for temporary injunction in favor of the petitioner. The respondent is restrained from alienating the counter claim schedule property until the disposal of the suit.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the respondent from alienating the counter claim schedule property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for temporary injunction in favor of the petitioner. The respondent is restrained from alienating the counter claim schedule property until the disposal of the suit.
Why Plaintiff Won:
The petitioner established a prima facie case and demonstrated that irreparable injury would occur if the injunction were not granted.
Losing Side's Weaknesses:
The petitioner established a prima facie case and demonstrated that irreparable injury would occur if the injunction were not granted.
Supporting Evidence
On perusal of records and the documents produced, this court is satisfied that the petitioner has established a prima facie case in his favour. From the arguments advanced this court is satisfied that the apprehension of the petitioner is well founded.

Judgment Evidence:

In the result, the petition is allowed as follows: 1) The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pratheesh J R
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Sanilkumar K S
Party Age
43
Relation
S/o
Plaintiffs Documents
Original receipt of purchase of counter claim scheduled property, Printout of the screen shots of google pay transfer of monthly rent to the account of Mr. Ajeesh P K K, Copy of Complaint filed before the C I, Infopark Police Station by the petitioner, Acknowledgement receipt of petition issued from InfoPark Police Station.
Defendants Documents
Photographs

Advocates

Party Role
Plaintiff
Advocate Name
Dougles Linsby N R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nandu V
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vijith Kumar J V
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Antony Robert Dias
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Judy Jose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Litto Palathingal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreevarthik
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.
Evidence:
The petition is allowed as follows: The respondent is restrained by way of temporary injunction from alienating the counter claim schedule property till the disposal of the suit.

Documents & Evidence

Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Original receipt of purchase of counter claim scheduled property
Reference:
Ext.A1
Document Type: Printout
Submitted By: Plaintiff
Relevance:
Printout of the screen shots of google pay transfer of monthly rent to the account of Mr. Ajeesh P K K
Reference:
Ext.A2
Document Type: Complaint Copy
Submitted By: Plaintiff
Relevance:
Copy of Complaint filed before the C I, Infopark Police Station by the petitioner
Reference:
Ext.A3
Document Type: Acknowledgement Receipt
Submitted By: Plaintiff
Relevance:
Acknowledgement receipt of petition issued from InfoPark Police Station
Reference:
Ext.A4
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photographs submitted as evidence by the respondent
Reference:
Ext.B1

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 Pratheesh J R vs Sanilkumar K S regarding Counter Claim for Temporary Injunction
Case Code Year
Case between Pratheesh J R vs Sanilkumar K S regarding Counter Claim for Temporary Injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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