Case Summary
The case involves petitions filed by the 1st defendant association seeking permission for repairs and construction in common areas, contested by the plaintiffs who argue the lack of urgency. The court has to decide if these works can proceed before the resolution of the pending suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to repair damaged nets, fill gaps in the boundary wall, and lay KWA pipeline.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated a necessity for the urgent repairs and showed that no prejudice would be caused to the respondents.
The petitioner demonstrated a necessity for the urgent repairs and showed that no prejudice would be caused to the respondents.
Judgment Evidence:
In the result, the petitions are allowed.
Parties Involved
Plaintiffs
BCG-Golden Orchids Phase - I Association (Age not specified years)
BCG-Golden Orchids Phase- I Apartments, Thammanam, Elamkulam, Kochi - 682 020
Babu C George (77 years)
Chandrathil house, House no. 32/1173, Palarivattom Kara, Edappally South village, Kanayannoor taluk, Palarivattom P.O, Ernakulam - 682 025
Mariamma Babu (75 years)
Chandrathil House, House no. 32/1173, Palarivattom Kara, Edapally south village, Kanayannoor taluk, Palarivattom P.O, Ernakulam - 682 025
BCG Builders (Age not specified years)
BCG Estate, 5th floor, Opposite Ernakulam Medical Centre, NH Bye pass, Palarivattom, Kochi - 682 025
Defendants
BCG-Golden Orchids Phase - II Association (Age not specified years)
Thamanam, Elamkulam, Kochi - 682 020
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Permission to repair the damaged net of the clubhouse, close the gap in the western boundary wall of the apartment complex, and lay KWA pipeline under the supervision of the court.
Evidence:
In the interest of justice, it is apposite to grant permission to the petitioners to carry out reconstruction works in the nets situated adjacent to the swimming pool and also the western boundary wall near to the security cabin.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Full permission for the petitioner association to lay water pipes originating from the front entry gate on the south of the apartment complex proceeding towards north for an approximate length of 38 meters.
Evidence:
The petitioner can be granted permission to undertake the said works since they are facing severe monetary loss due to the huge expense incurred in purchasing water from outside.
Documents & Evidence
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
These exhibits were marked from the side of the petitioners for the purpose of this interim application.
Reference:
Ext.A1 to A16
Document Type:
Exhibit
Submitted By:
Defendant
Relevance:
These exhibits were marked from the side of the respondents for the same purpose.
Reference:
Ext.B1 to B4