Case Summary
The petitioner Mammen Solomon seeks to vacate an interim injunction order due to the non-payment of rent arrears by the respondent Mohammed Sali. The court considers the non-payment as a reason to allow the petition while granting additional time for the deposit of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacated interim injunction order and granted further time to pay rent arrears.
Case Type
Original Suit
Final Judgment
No
The court vacated the interim injunction order and provided additional time for the respondent to pay the overdue rent.
Why Plaintiff Won:
The court found that the respondent had not fulfilled the rental payment obligations, justifying the vacating of the injunction.
The court found that the respondent had not fulfilled the rental payment obligations, justifying the vacating of the injunction.
Losing Side's Weaknesses:
The court found that the respondent had not fulfilled the rental payment obligations, justifying the vacating of the injunction.
The court found that the respondent had not fulfilled the rental payment obligations, justifying the vacating of the injunction.
Supporting Evidence
It is stated that upon such deposit, the interim order shall be revised on condition that the tenant/plaintiff undertakes to pay future rent without fail.
Judgment Evidence:
In the result, the petition is allowed: The interim injunction granted vide order in IA 01/2023 is vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mammen Solomon
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Sali
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.Vidhyadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.S.Bhasurendran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The interim injunction granted vide order in IA 01/2023 is vacated.
Evidence:
In the result, the petition is allowed: The interim injunction granted vide order in IA 01/2023 is vacated.
Documents & Evidence
Case Classification
Case Type
Original Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2023