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O.S. No. 899 /2019

Case between Anna et al vs The Golden Residency Owners Association et al regarding injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-05-19
Duration
approximately-6 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs Anna and Mary, along with their mother, claim ownership of a flat in the Golden Residency complex. They allege that the third defendant unlawfully occupied their property and seek the court's intervention to restore their possession.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiffs, declaring them as the rightful owners of the flat and issuing an injunction against the third defendant to vacate the premises.
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the flat and restrain from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, declaring them as the rightful owners of the flat and issuing an injunction against the third defendant to vacate the premises.
Why Plaintiff Won:
The plaintiffs proved their ownership with sufficient documentation.
Losing Side's Weaknesses:
The plaintiffs proved their ownership with sufficient documentation.
Supporting Evidence
The court is satisfied that plaintiffs have proved their case. The court is satisfied that 3rd defendant does not have any ownership over the plaint schedule flat.

Judgment Evidence:

In the result, suit is decreed as follows: 1) 3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anna
Party Age
76
Relation
W/o Iype Joseph
Party Role
Plaintiff
Party Name
Mary
Party Age
74
Relation
W/o Paulose
Party Role
Defendant
Party Name
The Golden Residency Owners Association
Relation
represented by its Secretary
Party Role
Defendant
Party Name
Kochurani Vincent
Party Age
64
Relation
D/o late Vincent
Party Role
Defendant
Party Name
P O Thomas
Party Age
45
Relation
S/o Father's name not known
Plaintiffs Documents
Certified copy of the registered Power of attorney bearing no. 46/1999 of Ernakulam SRO, Original of the registered settlement deed bearing no. 3175/1979 of Ernakulam SRO, Certified copy of the registered Sale deed bearing no. 2208/1967 of Ernakulam SRO, Certified copy of Plaint in OS 795/2018 of Hon'ble Munsiff Court, Ernakulam
Defendants Documents
Certified copy of registered Power of attorney registered as 244/1995, Original agreement for Sale of 1/66 part of undivided share in the landed property, Original agreement for construction of plaint scheduled flat 1 AS (Subject to proof), Original Sale agreement of apartment 1 AS between K T John and defendant 3

Advocates

Party Role
Plaintiff
Advocate Name
A T Anilkumar (Anil Mamala)
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Krishob K Nair
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Thomas M Jacob
Appearance Type
Exparte
Party Role
Defendant
Advocate Name
Manoj R
Appearance Type
Exparte
Party Role
Defendant
Advocate Name
Sheena Rajan
Appearance Type
Exparte
Party Role
Defendant
Advocate Name
Party in Person
Appearance Type
Party in Person

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
3rd defendant is directed to vacate the plaint schedule flat within a period of three months.
Evidence:
3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from trespassing into the plaint schedule flat or from interfering with the peaceful possession of the plaintiffs.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule flat or from interfering with the peaceful possession and enjoyment of the plaintiffs in the plaint schedule flat.
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay the cost of the suit to plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Certified copy of the registered Power of attorney bearing no. 46/1999 of Ernakulam SRO
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Original of the registered settlement deed bearing no. 3175/1979 of Ernakulam SRO
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the registered Sale deed bearing no. 2208/1967 of Ernakulam SRO
Reference:
Ext.A3
Document Type: Plaint
Submitted By: Plaintiff
Relevance:
Certified copy of Plaint in OS 795/2018 of Hon’ble Munsiff Court, Ernakulam
Reference:
Ext.A4
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
Certified copy of registered Power of attorney registered as 244/1995
Reference:
Ext.B1
Document Type: Agreement for sale
Submitted By: Defendant
Relevance:
Original agreement for Sale of 1/66 part of undivided share in the landed property
Reference:
Ext.B2
Document Type: Agreement for Construction
Submitted By: Defendant
Relevance:
Original agreement for construction of plaint scheduled flat 1 AS
Reference:
Ext.B3
Document Type: KSEB Consumer Profile
Submitted By: Defendant
Relevance:
Original copy of the KSEB consumer profile of K T John
Reference:
Ext.B4
Document Type: Sale Agreement
Submitted By: Defendant
Relevance:
Original Sale agreement of apartment 1 AS between K T John and defendant 3
Reference:
Ext.B5
Document Type: Receipt
Submitted By: Defendant
Relevance:
Original receipt of DD of Rs. 17,00,000/- given to K T John towards the sale consideration of 1 AS Flat
Reference:
Ext.B6
Document Type: Affidavit
Submitted By: Defendant
Relevance:
Certified copy of the affidavit filed by Dr. Jose Tharayil, Secretary of Golden Residency Association
Reference:
Ext.B7
Document Type: Request for Registration
Submitted By: Defendant
Relevance:
Certified copy of request made by Dr. Jose Tharayil, Secretary Golden residency Association, for registering the association
Reference:
Ext.B8
Document Type: Electricity Bill
Submitted By: Defendant
Relevance:
Original Electricity bill with consumer no. 1155421031490 in the name of Third defendant
Reference:
Ext.B9
Document Type: Notice
Submitted By: Defendant
Relevance:
True copy of notice sent to 1st Plaintiff Iype Joseph
Reference:
Ext.B10
Document Type: Receipt of Registered Post
Submitted By: Defendant
Relevance:
True copy of the receipt of the registered post
Reference:
Ext.B11
Document Type: Notice
Submitted By: Defendant
Relevance:
True copy of the notice sent to the secretary of Golden Residency Association expressing the readiness to get registered plaint scheduled flat in his name
Reference:
Ext.B12
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
Power of attorney
Reference:
Ext.B13

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Anna et al vs The Golden Residency Owners Association et al regarding injunction
Case Code Year
Case between Anna et al vs The Golden Residency Owners Association et al regarding injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Thu, 05/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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