O.S No. 1184/2023

Case between BCG-Golden Orchids Phase - II Association et al vs BCG-Golden Orchids Phase - I Association et al regarding construction works in common areas

Court

MUNSIFF, ERNAKULAM

Judge

Sri. Nanda Krishna M.

Order Date

2025-08-04

Duration

Case Closed

Judgement document from eCourt website

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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

Plaintiff Won

Interim Order

The court granted permission for the petitioner to carry out repairs on the nets and the boundary wall as well as to lay pipes for water connection under supervision.

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

The court granted permission for the petitioner to carry out repairs on the nets and the boundary wall as well as to lay pipes for water connection under supervision.

Why Plaintiff Won:
The petitioner demonstrated a necessity for the urgent repairs and showed that no prejudice would be caused to the respondents.

Losing Side's Weaknesses:
Not available

Supporting Evidence

It is submitted that the state of affairs have been prevailing for a long period of time and there is no urgency for construction as stated by the petitioners.

Judgment Evidence:

In the result, the petitions are allowed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: BCG-Golden Orchids Phase - I Association

Party Role: Plaintiff
Party Name: Babu C George
Party Age: 77
Relation: S/o

Party Role: Plaintiff
Party Name: Mariamma Babu
Party Age: 75
Relation: W/o

Party Role: Plaintiff
Party Name: BCG Builders

Party Role: Defendant
Party Name: BCG-Golden Orchids Phase - II Association
Relation: Represented by its Secretary

Plaintiffs Documents

Defendants Documents

Advocates

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