Case Summary
The petitioners, Samson T George and Babu Mathew, seek a temporary injunction against the respondents, Arun Kumar Karerat and Prakash Vadakkencherry Muthuswamy, to prevent them from selling or encumbering the injunction schedule apartment. The court found a prima facie case in favor of the petitioners and granted an ad-interim injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction to the petitioners, preventing the respondents from selling or encumbering the apartment at the center of the dispute until further notice. The injunction was deemed necessary to avoid defeating the purpose of the legal action.
Why Plaintiff Won:
A prima facie case exists in favor of the petitioners, and the court found that the object of granting the temporary injunction would be defeated if notice was ordered to the other side.
A prima facie case exists in favor of the petitioners, and the court found that the object of granting the temporary injunction would be defeated if notice was ordered to the other side.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Heard the petitioner. Perused the records, 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
- Prakash Vadakkencherry Muthuswamy
- Party Age
- 44
- Relation
- S/o
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 ad-interim injunction restraining the respondents from alienating, encumbering or selling the injunction schedule apartment
Evidence:
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.
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.