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O.S. No. 1137 /2024

Case between Samson T George et al vs Arun Kumar Karerat et al regarding temporary injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar, Principal Munsiff
Order Date
2024-11-05
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves petitioners Samson T George and Babu Mathew seeking a temporary injunction against respondents Arun Kumar Karerat and others. The court found a prima facie case in favor of the petitioners and issued an interim injunction to restrain the respondents from alienating the property involved until further orders.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction to the plaintiffs preventing the defendants from selling or encumbering the apartment in question.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from alienating, encumbering or selling the injunction schedule apartment.
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction to the plaintiffs preventing the defendants from selling or encumbering the apartment in question.
Why Plaintiff Won:
The court was satisfied that a prima facie case exists in favour of the petitioners.
Losing Side's Weaknesses:
The court was satisfied that a prima facie case exists in favour of the petitioners.
Supporting Evidence
I am satisfied that a prima facie case exists in favour of the petitioners and the object of granting temporary injunction would be defeated if notice is ordered to the other side.

Judgment Evidence:

Hence an order of ad-interim injunction is passed restraining the respondents, their men and agents from alienating, encumbering or selling the injunction schedule apartment, until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Samson T George
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Babu Mathew @ Parayil Mathew Babu
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
Arun Kumar Karerat
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Jayakrishnan Vazhayil
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
Sunitha Kunnathattu Madambil
Party Age
35
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S Vinod Bhat
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
A temporary injunction restraining the respondents from alienating, encumbering or selling the injunction schedule apartment.
Evidence:
I am satisfied that a prima facie case exists in favour of the petitioners and the object of granting temporary injunction would be defeated if notice is ordered to the other side.

Documents & Evidence

Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
The court considered the arguments and submissions made by the petitioners/plaintiffs during the hearing.
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 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

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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