Case Summary
Peter Joseph and Sharan Joseph are the plaintiffs seeking an injunction against Shajan Joseph and Jui Olivei Gomes, the defendants. The case involves a temporary injunction to prevent the defendants from disturbing the plaintiffs' peaceful possession of property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendants from disturbing the plaintiffs' peaceful life and possession.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction to the plaintiffs against the defendants to prevent any disturbance. The plaintiffs must comply with specific procedural requirements.
Why Plaintiff Won:
A prima facie case is made out, indicating urgency in preventing disturbance.
A prima facie case is made out, indicating urgency in preventing disturbance.
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 IA will defeat the purpose of injunction.
Judgment Evidence:
The petition is coming on for hearing on this day and court passed the following Order: Heard the learned counsel for the petitioner. Perused the affidavit and documents. I am satisfied that a prima facie case is made out and the delay in issuing notice in this IA will defeat the purpose of injunction. Hence, temporary injunction is granted restraining the counter petitioner/defendants and their men from committing any waste, nuisance or disturbance to the peaceful life and possession of the first petitioner/plaintiff in the building situate in the plait schedule property, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Peter Joseph
- Party Age
- 87
- Relation
- S/o Late Peter Francis
- Party Role
- Plaintiff
- Party Name
- Sharan Joseph
- Party Age
- 45
- Relation
- S/o Peter Joseph
- Party Role
- Defendant
- Party Name
- Shajan Joseph
- Party Age
- 40
- Relation
- S/o Peter Joseph
- Party Role
- Defendant
- Party Name
- Jui Olivei Gomes
- Party Age
- 37
- Relation
- W/o Shajan Joseph
Plaintiffs Documents
Affidavit and various supporting documents submitted by the plaintiffs.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thomas Kochenayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the counter petitioner/defendants from committing any waste, nuisance or disturbance to the peaceful life and possession of the first petitioner/plaintiff in the building situate in the plait schedule property.
Evidence:
Hence, temporary injunction is granted restraining the counter petitioner/defendants and their men from committing any waste, nuisance or disturbance to the peaceful life and possession of the first petitioner/plaintiff in the building situate in the plait schedule property, until further orders.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.
Case Code Year
2025