Case Summary
This case involves Petra Property Development Services Private Limited and its Managing Director, Sajo Albin, against Rajesh Nair. The plaintiffs sought a permanent injunction to prevent the defendant from trespassing on the property and obstructing their peaceful enjoyment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted against trespassing
Case Type
Injunction
Final Judgment
No
The court granted the plaintiffs' application for a temporary injunction, restraining the defendant from trespassing into the plaint schedule building and obstructing the plaintiffs' peaceful enjoyment of the property.
Why Plaintiff Won:
The defendant provided a specific undertaking not to trespass, which influenced the court's decision to grant the injunction.
The defendant provided a specific undertaking not to trespass, which influenced the court's decision to grant the injunction.
Losing Side's Weaknesses:
The defendant provided a specific undertaking not to trespass, which influenced the court's decision to grant the injunction.
The defendant provided a specific undertaking not to trespass, which influenced the court's decision to grant the injunction.
Supporting Evidence
Having considered the specific undertaking made by the defendant, I am inclined to allow the present injunction application.
Judgment Evidence:
In the result this application is allowed as follows: 1) The respondent/counter petitioner is restrained from trespassing into the plaint schedule building and causing any obstructions to the petitioners/plaintiffs peaceful enjoyment over the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Petra Property Development Services Private Limited
- Party Role
- Plaintiff
- Party Name
- Sajo Albin
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajesh Nair
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Nil Certificate of Incorporation of Private Company, The Debt investment agreement
Defendants Documents
Interior renovation and construction contract, The Debt investment agreement, Transaction details of Defendants ICICI Branch and Canara Bank, Visiting Card, Original receipt and copy of complaint
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Shoby Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jose Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajeev.J.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The respondent/counter petitioner is restrained from trespassing into the plaint schedule building.
Evidence:
I am inclined to allow the present injunction application.
Documents & Evidence
Document Type:
Certificate of Incorporation of Private Company
Submitted By:
Plaintiff
Relevance:
This document certifies the existence of the plaintiff company, supporting their standing in the lawsuit.
Reference:
Ext.A1
Document Type:
Debt Investment Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the loan terms between the plaintiff and defendant, relevant to the case.
Reference:
Ext.A2
Document Type:
Interior renovation and construction contract
Submitted By:
Defendant
Relevance:
This contract is referred to establish the obligations and commitments for the construction work undertaken.
Reference:
Ext.B1
Document Type:
Debt Investment Agreement
Submitted By:
Defendant
Relevance:
This agreement further explains financial transactions between the parties.
Reference:
Ext.B2
Document Type:
Transaction details of Defendants ICICI and Canara Bank
Submitted By:
Defendant
Relevance:
These details are presented to substantiate the defendant's financial claims and payments.
Reference:
Ext.B3
Document Type:
Visiting Card
Submitted By:
Defendant
Relevance:
This document is used to identify the plaintiff and his association with the defendant.
Reference:
Ext.B4
Document Type:
Original receipt and copy of complaint
Submitted By:
Defendant
Relevance:
This document serves as evidence of a complaint filed by the defendant against the plaintiff.
Reference:
Ext.B5
Case Classification
Case Type
Injunction
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2025