Case between Riyas B.S vs Heera Construction company private Limited et al regarding temporary injunction.

Case Summary

The case involves Riyas B.S as the plaintiff seeking a temporary injunction against Heera Construction company private Limited and A.Abdul Rasheed regarding the unlawful possession of a shop room. Riyas claims he has made full payment for the property but the defendants are attempting to take possession.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered that the defendants and their associates are restrained from trespassing into the property and obstructing the plaintiff's possession until the case is resolved. No costs were awarded.

Judgment Favored

Plaintiff

Relief Granted

Temporary injunction

Case Type

Civil Suit

Final Judgment

No

The court ordered that the defendants and their associates are restrained from trespassing into the property and obstructing the plaintiff's possession until the case is resolved. No costs were awarded.

Why Plaintiff Won:
The applicant established that he is in lawful possession of the property and that refusing the injunction would cause irreparable injury.

Losing Side's Weaknesses:
The applicant established that he is in lawful possession of the property and that refusing the injunction would cause irreparable injury.

Supporting Evidence

I am satisfied that the applicant has not made out a prima facie case and the balance of convenience is in his favor. If the order is not passed, irreparable injury or hardship will be caused to the applicant.

Judgment Evidence:

In the result: The respondents and their henchmen are hereby restrained from trespassing into the plaint schedule property and from causing any obstruction to the applicant’s peaceful possession and enjoyment thereof or committing any waste, until the disposal of the suit.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Riyas B.S
Party Age: 47
Relation: S/o

Party Role: Defendant
Party Name: Heera Construction company private Limited
Relation: Represented by

Party Role: Defendant
Party Name: A.Abdul Rasheed @ Dr.A.R.Babu
Party Age: 70
Relation: S/o

Plaintiffs Documents

Sale agreement dated 10/04/2017, Affidavit, Ext.C1 (Commission report).

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.Shoby Joseph.Y
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Nithin Sajeev
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Smt.Neela Rani
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

The respondents and their henchmen are restrained from trespassing into the plaint schedule property.

Evidence:

In the result: The respondents and their henchmen are hereby restrained from trespassing into the plaint schedule property and from causing any obstruction to the applicant’s peaceful possession and enjoyment thereof or committing any waste, until the disposal of the suit.

Documents & Evidence

Document Type: Commissioner Report

Submitted By: Court

Relevance:

The report establishes the present nature, location and features of the plaint schedule property, and supports the applicant's case.

Reference:

Ext.C1

Case Classification