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OS.No.906/2025

Case between Innocent Gomez vs Mary Merina S et al regarding temporary injunction

Court
COURT OF THE ADDITIONAL MUNSIFF-I
Judge
Sri. Manesh.S.V
Order Date
2025-05-26
Duration
Case Code No.
906
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Innocent Gomez, the plaintiff, sought a temporary injunction against the defendants, Mary Merina S and D.Renjith, to prevent waste and the demolition of property boundaries. The court granted the injunction on the grounds of a prima facie case.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a temporary injunction to the plaintiff against the defendants, preventing them from committing waste or demolishing property boundaries until further orders.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from committing waste and demolishing physical boundaries.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction to the plaintiff against the defendants, preventing them from committing waste or demolishing property boundaries until further orders.
Why Plaintiff Won:
A prima facie case is made out and delay in issuing notice will defeat the purpose of the injunction.
Losing Side's Weaknesses:
A prima facie case is made out and delay in issuing notice will defeat the purpose of the injunction.
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 purpose of injunction.

Judgment Evidence:

Hence, temporary injunction is granted restraining the counter petitioners/defendants and their men from committing waste in plaint A and B schedule properties and from demolishing physical boundaries adjoining the property situated therein, until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Innocent Gomez
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Mary Merina S
Party Role
Defendant
Party Name
D.Renjith
Relation
H/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. R.Santhosh Mahadevan
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
Temporary injunction is granted restraining the counter petitioners/defendants from committing waste in plaint A and B schedule properties.
Evidence:
Hence, temporary injunction is granted restraining the counter petitioners/ defendants and their men from committing waste in plaint A and B schedule properties and from demolishing physical boundaries adjoining the property situated therein, until further orders.

Documents & Evidence

Document Type: Affidavit
Submitted By: Plaintiff
Relevance:
The court perused the affidavit as part of the evidence in support of the petition.
Reference:

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2025

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Thu, 05/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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