Case Summary
Smitha @ Salini and Sethukkutti Amma are the plaintiffs seeking a temporary injunction. Soumya. L and Gopakumar are the defendants against whom the injunction is sought, related to property issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted restraining defendants from trespassing and committing acts of waste.
Case Type
Injunction
Final Judgment
No
The court has granted a temporary injunction preventing the defendants from trespassing on certain properties until further orders.
Why Plaintiff Won:
The court found a prima facie case made out and determined delay in issuing notice would defeat the purpose of injunction.
The court found a prima facie case made out and determined delay in issuing notice would defeat the purpose of injunction.
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:
Hence, temporary injunction is granted restraining the counter petitioners/ defendants or their henchmen from trespassing into the petition A schedule property or disposing the 2nd petitioner from the building in petition B schedule property or from committing any act of waste therein, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smitha @ Salini
- Party Age
- 40
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sethukkutti Amma
- Party Age
- 84
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Soumya. L
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gopakumar
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajappan Nair. M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
temporary injunction is granted restraining the counter petitioners/ defendants or their henchmen from trespassing into the petition A schedule property or disposing the 2nd petitioner from the building in petition B schedule property or from committing any act of waste therein
Evidence:
Hence, temporary injunction is granted restraining the counter petitioners/ defendants or their henchmen from trespassing into the petition A schedule property or disposing the 2nd petitioner from the building in petition B schedule property or from committing any act of waste therein, 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
Case between Smitha @ Salini vs Soumya. L regarding temporary injunction
Case Code Year
Case between Smitha @ Salini vs Soumya. L regarding temporary injunction