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O.S.No. 743 /2024

Case between Anitha James vs Park View Apartment Owners Welfare Association et al regarding temporary prohibitory injunction

Court
II Additional Munsiff Court
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-13
Duration
Case Code No.
743
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Anitha James has filed a petition against the Park View Apartment Owners Welfare Association and its office bearers for causing obstruction in her renovation works at her apartment. The court is examining if the defendants have the right to prevent her from using common areas during her renovation.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed Anitha James' petition for temporary injunction against the defendants, restraining them from obstructing her maintenance and renovation works at her apartment.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against obstruction by respondents in maintenance and renovation works.
Case Type
Civil Suit
Final Judgment
No
The court has allowed Anitha James' petition for temporary injunction against the defendants, restraining them from obstructing her maintenance and renovation works at her apartment.
Why Plaintiff Won:
The petitioner established a prima facie case and the balance of convenience was in her favor.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court is satisfied that the petitioners have established a prima facie case, also balance of convenience is in favour of plaintiff and irreparable injury will be caused if injunction is not granted in her favour.

Judgment Evidence:

In the result, Petition is allowed. 1) Respondents are restrained by a temporary injunction from causing obstruction and hindrance to petitioner and her workers doing maintenance and renovation works in plaint schedule apartment exclusively owned by petitioner.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anitha James
Party Age
54
Relation
W/o
Party Role
Defendant
Party Name
Park View Apartment Owners Welfare Association
Relation
Represented by
Party Role
Defendant
Party Name
P C Chackochan
Party Age
63
Party Role
Defendant
Party Name
Benny Vadasseril
Party Age
65
Party Role
Defendant
Party Name
Neelima
Party Age
74
Plaintiffs Documents
Attested copy of Sale deed bearing no. 1420/2024 of SRO, Ernakulam, True copy of whatsapp message sent by the 3rd defendant to the plaintiff.
Defendants Documents
Copy of whatsapp message sent by the 3rd defendant to the plaintiff, Copy of Police complaint to the City Police Commissioner.

Advocates

Party Role
Plaintiff
Advocate Name
A Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajagopalan A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M N Manmadan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sojo J Kallidukil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sruthy R Menon
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amal A R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Marian G M Tharakan
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
Restraint against respondents causing obstruction to maintenance and renovation works.
Evidence:
Respondents are restrained by a temporary injunction from causing obstruction and hindrance to petitioner and her workers doing maintenance and renovation works in plaint schedule apartment exclusively owned by petitioner.
Relief Type: Temporary Injunction
Outcome: Granted
Description:
Allowing the plaintif's workers to use the passenger and service lifts as per bylaws.
Evidence:
Respondents are restrained from causing obstruction to workers of petitioner from entering into apartment complex or using passenger as well as service lift as per bye-law of the 1st defendant association.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document proving ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Whatsapp Message
Submitted By: Plaintiff
Relevance:
Evidence of communication between parties regarding the renovations.
Reference:
Ext.A2
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Response from the defendant regarding the allegations made against the plaintiff.
Reference:
Ext.A3
Document Type: Reply letter
Submitted By: Plaintiff
Relevance:
Document outlining the plaintiff's response to the defendant's letter.
Reference:
Ext.A4
Document Type: Whatsapp Message
Submitted By: Defendant
Relevance:
Defendant's communication to the plaintiff regarding the construction issues.
Reference:
Ext.B1
Document Type: Police Complaint
Submitted By: Defendant
Relevance:
Complaint lodged regarding the alleged demolition and construction activities.
Reference:
Ext.B2
Document Type: Police Complaint
Submitted By: Defendant
Relevance:
Another complaint addressing the construction complaints against the plaintiff.
Reference:
Ext.B3
Document Type: Photographs
Submitted By: Defendant
Relevance:
Photographic evidence related to the construction issues.
Reference:
Ext.B4
Document Type: Complaint to Secretary
Submitted By: Defendant
Relevance:
Complaint to the Corporation regarding the construction activities.
Reference:
Ext.B5
Document Type: Floor Plan
Submitted By: Defendant
Relevance:
Document showing the layout of the apartment floors.
Reference:
Ext.B6
Document Type: Orders from Corporation
Submitted By: Defendant
Relevance:
Official orders issued by the Corporation related to the case.
Reference:
Ext.B7
Document Type: Notice
Submitted By: Defendant
Relevance:
Notice issued by the Corporation regarding the unauthorized construction.
Reference:
Ext.B8
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Document proving the sale related to the property.
Reference:
Ext.B9
Document Type: Undertaking
Submitted By: Defendant
Relevance:
Undertaking provided by the plaintiff to the Police.
Reference:
Ext.B10
Document Type: Commission Report
Submitted By: Court
Relevance:
Report prepared by the court regarding the construction and renovation works.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Obstruction to renovation works
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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