Case Summary
This case involves petitioners Samson T George and Babu Mathew seeking a temporary injunction against defendants Arun Kumar Karerat, Thadikaran Francis Varghese, and Shery Varghese to prevent them from encumbering, selling, or making changes to certain properties. The court assessed the request and determined that irreparable injury could result if the injunction was not granted.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction issued
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction to the petitioners, preventing the defendants from encumbering or altering the properties in question until further orders.
Why Plaintiff Won:
The petitioners demonstrated a prima facie case and the risk of irreparable harm if the injunction was not granted.
The petitioners demonstrated a prima facie case and the risk of irreparable harm if the injunction was not granted.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the petitioners have made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioners.
Judgment Evidence:
Hence an order of interim injunction is passed restraining 1st to 3rd respondents and their men from encumbering, selling, inducting strangers into the plaint schedule properties and from demolishing the internal walls and other structures in the plaint B schedule apartment, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Samson T George
- Party Age
- 60
- Relation
- S/o T A George
- Party Role
- Plaintiff
- Party Name
- Babu Mathew @ Parayil Mathew Babu
- Party Age
- 67
- Relation
- S/o T G Mathew
- Party Role
- Defendant
- Party Name
- Arun Kumar Karerat
- Party Age
- 59
- Relation
- S/o A K Raghavan Nambiar
- Party Role
- Defendant
- Party Name
- Thadikaran Francis Varghese
- Party Age
- 58
- Relation
- S/o Thadikaran Ikkuru Francis
- Party Role
- Defendant
- Party Name
- Shery Varghese
- Party Age
- 52
- Relation
- W/o Thadikaran Francis Varghese
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K A Shaji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riyan Augustine Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
An order of interim injunction is passed restraining 1st to 3rd respondents and their men from encumbering, selling, inducting strangers into the plaint schedule properties and from demolishing the internal walls and other structures in the plaint B schedule apartment.
Evidence:
I am satisfied that the petitioners have made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioners.
Documents & Evidence
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 Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction
Case Code Year
Case between Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction