Case Summary
The plaintiffs, A.Rajasimhan and Tharunya Prakash, filed for a permanent prohibitory injunction against the defendants, DD Silver Stone Apartment Owners Association and its Secretary, to prevent them from altering their property. The dispute arose over renovation works the plaintiffs undertook, which the defendants claim violated communal rights and security protocols.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction preventing alteration or defacement of the petition schedule property as per exhibit A1 deed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found a prima facie case in favor of the plaintiffs due to their legal rights over the property as outlined in exhibit A1.
The court found a prima facie case in favor of the plaintiffs due to their legal rights over the property as outlined in exhibit A1.
Judgment Evidence:
Hence, in the light of above facts and circumstances, Point nos. 1 to 4 are found infavour of the plaintiffs and it is answered accordingly.
Parties Involved
Plaintiffs
A.Rajasimhan (47 years)
1C, DD Silver Stone, Padam Road, Vaduthala.P.O., Ernakulam-682023
Tharunya Prakash (41 years)
1C, DD Silver Stone, Padam Road, Vaduthala.P.O., Ernakulam-682023
Defendants
DD Silver Stone Apartment Owners Association (Age not specified years)
DD Silver Stone, Padam Road, Vaduthala.P.O., Ernakulam-682023
Secretary, DD Silver Stone Apartment Owners Association (Age not specified years)
DD Silver Stone, Padam Road, Vaduthala.P.O., Ernakulam-682023
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
The plaintiffs sought a permanent injunction restraining the respondents from altering or defacing the property.
Evidence:
The respondents are restrained by an order of temporary prohibitory injunction, from altering or defacing the petition schedule property to the extent it is comprised in exhibit A1 deed, until the final disposal of this suit.
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
The plaintiffs requested to be protected from interference by the respondents.
Evidence:
The respondents are further restrained by an order of temporary prohibitory injunction, from interfering with the peaceful possession and enjoyment of the petition schedule property to the extent it is comprised in exhibit A1 deed, until the final disposal of this suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed establishes the plaintiffs' ownership rights over the property in dispute.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
The email from the 2nd respondent directs the plaintiffs to restore the iron grill, indicating the association's claim regarding safety.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides a description of the alterations done by the plaintiffs and the condition of the property.
Reference:
Ext.C1
Document Type:
Other Documents
Submitted By:
Plaintiff
Relevance:
Additional documents submitted by the plaintiffs in support of their application.
Reference:
Ext.A2 to Ext.A7