Case between P.T. Thomas et al vs Satheesh Kumar regarding temporary injunction

Case Summary

P.T. Thomas and Lovely Mathew have filed a petition seeking a temporary injunction against Satheesh Kumar to prevent the destruction of a lateral support property. The petitioners claim that the property has existed as lateral support for more than 200 years and is crucial for the protection of their property.

Judgment Outcome

Plaintiff Won

Interim Order

The court has allowed the petition and restrained the defendant from destructing the C schedule property, which serves as lateral support for the plaint A schedule property. The court found that the petitioners have a prima facie case.

Judgment Favored

Plaintiff

Relief Granted

Defendant is restrained from destructing the C schedule property and from destroying the lateral support.

Case Type

Civil Suit

Final Judgment

No

The court has allowed the petition and restrained the defendant from destructing the C schedule property, which serves as lateral support for the plaint A schedule property. The court found that the petitioners have a prima facie case.

Why Plaintiff Won:
There is a prima facie case in favour of the petitioner and the balance of convenience is also in his favour.

Losing Side's Weaknesses:
There is a prima facie case in favour of the petitioner and the balance of convenience is also in his favour.

Supporting Evidence

On the perusal of commission report it is clearly stated that plaint C schedule property is existing as lateral support to plaint A schedule property. In this circumstance, there is prima facie case in favour of the petitioner.

Judgment Evidence:

In the light of the aforesaid petition is allowed as follows: Defendant is restrained from destructing the C schedule property and from destroying the lateral support to the plaint A schedule property, until further orders.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: P.T. Thomas
Party Age: 66
Relation: S/o

Party Role: Plaintiff
Party Name: Lovely Mathew
Party Age: 64
Relation: W/o

Party Role: Defendant
Party Name: Satheesh Kumar
Party Age: 53
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.Poovathoor.S.Rajeev
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.Sanoj.S.S
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

Temporary injunction restraining the defendant from destructing the plaint C schedule property.

Evidence:

In the light of the aforesaid petition is allowed as follows: Defendant is restrained from destructing the C schedule property and from destroying the lateral support to the plaint A schedule property, until further orders.

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

The court referenced the commission report to establish the existence of plaint C schedule property as lateral support to plaint A schedule property.

Reference:

Case Classification