Case Summary
The plaintiffs, Alex Vachaparambil and Tsarina Vacha, are seeking a temporary injunction against the Prestige Neptunes Courtyard Owners Association to prevent them from obstructing their enjoyment of common facilities. The case revolves around disputes related to maintenance dues and access to common areas.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the defendant from limiting plaintiffs' peaceful enjoyment of the common areas and from putting up notices including the names of the plaintiffs as defaulters.
Case Type
Injunction
Final Judgment
No
The petition for temporary injunction was allowed, restraining the defendant from limiting the plaintiffs' peaceful enjoyment of common areas.
Why Plaintiff Won:
The court found that the plaintiffs had a strong prima facie case and that the balance of convenience favored the plaintiffs.
The court found that the plaintiffs had a strong prima facie case and that the balance of convenience favored the plaintiffs.
Losing Side's Weaknesses:
The court found that the plaintiffs had a strong prima facie case and that the balance of convenience favored the plaintiffs.
The court found that the plaintiffs had a strong prima facie case and that the balance of convenience favored the plaintiffs.
Supporting Evidence
The petitioners have a strong prima facie arguable case. The balance of convenience is also in favour of the petitioners since they are residing in plaint B schedule apartment.
Judgment Evidence:
In the result, Petition is allowed. 1) Respondent is restrained by a temporary injunction from limiting plaintiffs peaceful enjoyment of the common areas of petition A schedule and common facilities contained in petition B schedule as enjoyed by other apartment owners of the Prestige Neptune’s courtyard, apartment and from putting up notices including the name of plaintiffs as defaulters.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alex Vachaparambil
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Tsarina Vacha
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prestige Neptunes Courtyard Owners Association
- Relation
- Represented by
Plaintiffs Documents
Copy of Legal Notice sent by the plaintiff, Copy of bylaws of Prestige Neptune’s Courtyard Apartment Owners Association, True copy of the Sale Deed No. 3342/13 of the SRO, Ernakulam, Copy of account statement received by email.
Defendants Documents
Copy of By-laws of respondent association with subscription and signature of plaintiff No.2 with covering letter, True copy of Minutes of respondent association.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson Gomez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjay Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- John Gomez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjith Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ann Maria Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Johny
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abin Jacob Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deebu.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shadul Hameed Moopan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.A. Niyas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun.T.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhijith Harindran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining defendant from limiting plaintiffs' peaceful enjoyment of common areas.
Evidence:
Respondent is restrained by a temporary injunction from limiting plaintiffs peaceful enjoyment of the common areas of petition A schedule and common facilities contained in petition B schedule as enjoyed by other apartment owners.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent by the plaintiff.
Reference:
Ext.A1
Document Type:
Bylaws
Submitted By:
Plaintiff
Relevance:
Copy of bylaws of Prestige Neptune’s Courtyard Apartment Owners Association.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of the Sale Deed No. 3342/13 of the SRO, Ernakulam.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Copy of account statement received by email.
Reference:
Ext.A4
Document Type:
Bylaws
Submitted By:
Defendant
Relevance:
Copy of bylaws of respondent association with subscription and signature of plaintiff No.2 with covering letter.
Reference:
Ext.B1
Document Type:
Minutes
Submitted By:
Defendant
Relevance:
True copy of Minutes of respondent association.
Reference:
Ext.B2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2023