Case Summary
M.D Sukumaran, the plaintiff, seeks an injunction against Gokul.R and Govind.R, the defendants, to prevent them from making alterations to a residential property and using it for commercial purposes. The plaintiff claims damages and argues that the defendants are violating the rental agreement.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Respondents restrained from using the property for any purpose other than residential purposes and from making further alterations.
Case Type
Injunction
Final Judgment
No
The court partially allowed the plaintiff's application, restraining the defendants from using the property for commercial purposes and making further alterations.
Key Reasoning:
The applicant has made out a prima facie case and balance of convenience is in his favour.
The applicant has made out a prima facie case and balance of convenience is in his favour.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the applicant has made out a prima facie case and balance of convenience is in his favour.
Judgment Evidence:
In the result: The application in part as follows: (a) The respondents 1 and 2 are restrained from using the plaint schedule property and the building for any purpose other than residential purposes.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.D Sukumaran
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gokul.R
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Govind.R
- Party Age
- 55
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abhishek R.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.R Sudheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The respondents 1 and 2 are restrained from using the plaint schedule property and the building for any purpose other than residential purposes.
Evidence:
In the result: The application in part as follows: (a) The respondents 1 and 2 are restrained from using the plaint schedule property and the building for any purpose other than residential purposes.
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The respondents 1 and 2 are restrained from making any further alterations to the plaint schedule building and its premises.
Evidence:
The respondents 1 and 2 are also restrained from making any further alterations to the plaint schedule building and its premises and from committing any waste or mischief over the plaint schedule property until the disposal of the suit.
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The respondents 1 and 2 are restrained from using the plaint schedule building or its premises as the office of 'Oracon Builders and Interiors Private Limited'.
Evidence:
The respondents 1 and 2 are restrained from using the plaint schedule building or its premises as the office of 'Oracon Builders and Interiors Private Limited' or operating under the name of any other similar companies.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between M.D Sukumaran vs Gokul.R et al regarding property dispute and injunction.
Case Code Year
Case between M.D Sukumaran vs Gokul.R et al regarding property dispute and injunction.