Case Summary
The petitioners, Abhijith and Jalajakumari Amma, are seeking an injunction against the defendant, Mohandas, regarding the encroachment of property. The court found that failure to grant the injunction would cause irreparable injury to the petitioners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad-interim injunction restraining encroachment
Case Type
Civil Suit
Final Judgment
No
The court has granted an ad-interim injunction restraining the defendant from encroaching on the petitioners' property.
Why Plaintiff Won:
A prima facie case was made out by the petitioners which necessitated the granting of the injunction.
A prima facie case was made out by the petitioners which necessitated the granting of the injunction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that, a prima facie case is made out and the delay in issuing notice in this I.A. will defeat the very purpose of the suit.
Judgment Evidence:
Hence the respondent is restrained from encroaching into petition schedule property and further restrained from committing any act of waste therein until further order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abhijith
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jalajakumari Amma
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohandas
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bilahari. G.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The respondent is restrained from encroaching into petition schedule property and further restrained from committing any act of waste therein until further order.
Evidence:
If ad-interim injunction is not granted, irreparable injury will be caused to the petitioners.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Abhijith et al vs Mohandas regarding injunction against encroachment
Case Code Year
Case between Abhijith et al vs Mohandas regarding injunction against encroachment