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
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.
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
Plaintiffs
Alex Vachaparambil (53 years)
Apartment No. 2162, Prestige Neptune’s Courtyard, Marine Drive Extension, Ernakulam, Kerala, Pin –682 018
Tsarina Vacha (54 years)
Apartment No. 2162, Prestige Neptune’s Courtyard, Marine Drive Extension, Ernakulam, Kerala.
Defendants
Prestige Neptunes Courtyard Owners Association (Age not specified years)
Prestige Neptune’s Courtyard, Marine Drive Extension, Ernakulam, Kerala, Pin – 682 018
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