Case Summary
Sunil P Varghese is seeking recovery of possession and a temporary prohibitory injunction against George, who is a tenant in the adjacent shop room. The plaintiff claims that the defendant has been obstructing the delivery of property that is rightfully his.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted the petition of the plaintiff, allowing for a temporary prohibitory injunction to prevent the defendant from inducting strangers into the property claimed by the plaintiff.
Why Plaintiff Won:
The petitioner made out a prima facie case for the court to grant an equitable relief in his favour.
The petitioner made out a prima facie case for the court to grant an equitable relief in his favour.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has made out a prima facie case for this court to grant an equitable relief in his favour.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil P Varghese
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 810/2002, Certified copies of decrees and legal notices.
Defendants Documents
Certified copy of the order in RCREV. No. 331/15 of the Hon'ble High Court of Kerala.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K.Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Sreedevi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra R Shenoy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.R.Harikrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreerekha K.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu Cherukara
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Albert Abey V.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jees Martin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.Sona Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ann Mary Biju
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The petitioner sought an order of temporary prohibitory injunction to restrain the defendant from committing any act regarding the property.
Evidence:
Therefore, this petition for interim application can be allowed on the basis of the very undertaking made by the respondent in the counter affidavit.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiff requested a mandatory injunction to obtain possession of the land.
Evidence:
The petitioner has made out a prima facie case for this court to grant an equitable relief in his favour.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a sale deed for the property claimed by the plaintiff, establishing ownership.
Reference:
Ext.A1
Document Type:
Amended Plaint
Submitted By:
Plaintiff
Relevance:
This document is the amended plaint in the earlier case, which is relevant to the current proceedings.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
The certified copy of the decree from the earlier case supports the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Objection
Submitted By:
Plaintiff
Relevance:
This document shows the respondent's position in the earlier rent control petition.
Reference:
Ext.A4
Document Type:
Delivery Warrant
Submitted By:
Plaintiff
Relevance:
This document is pertinent to the execution proceedings from the past case.
Reference:
Ext.A5
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This document pertains to an order in the execution application related to the prior case.
Reference:
Ext.A6
Document Type:
Proof affidavit
Submitted By:
Plaintiff
Relevance:
This document includes evidence submitted during the earlier execution application.
Reference:
Ext.A7
Document Type:
Obstruction Petition
Submitted By:
Plaintiff
Relevance:
This document outlines obstruction faced during the execution proceedings.
Reference:
Ext.A8
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was issued to the defendant, demanding action related to the property.
Reference:
Ext.A9
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Another legal notice indicating the plaintiff's attempts to resolve the matter with the defendant.
Reference:
Ext.A10
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice is the defendant's response to the plaintiff's legal notice.
Reference:
Ext.A11
Document Type:
Rent Control Petition
Submitted By:
Plaintiff
Relevance:
This document pertains to a rent control petition filed by the plaintiff against the defendant.
Reference:
Ext.A12
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This order from the Hon'ble High Court is crucial for understanding the legal context of the case.
Reference:
Ext.A13
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the order from the recent rent control court.
Reference:
Ext.A14
Document Type:
Order
Submitted By:
Defendant
Relevance:
This order from the Hon'ble High Court is used by the defendant to support their claims.
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 Sunil P Varghese vs George regarding possession and injunction
Case Code Year
Case between Sunil P Varghese vs George regarding possession and injunction