Case Summary
The plaintiff, Concert O Castle Owners Association, is seeking relief against the defendants, Licy Kurian and Thomas George, for unauthorized constructions and alterations made by the defendants in a common area of the apartment complex. The case involves issues of ownership rights, registration, and modifications affecting shared property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff was not entitled to the reliefs sought and dismissed the suit, noting that the defendants' use of the common area was not proven to cause nuisance.
Key Reasoning:
The plaintiff failed to prove their claims regarding unauthorized construction and the allegations of nuisance were not sufficiently substantiated.
The plaintiff failed to prove their claims regarding unauthorized construction and the allegations of nuisance were not sufficiently substantiated.
Why Defendant Won:
The plaintiff failed to prove their claims regarding unauthorized construction and the allegations of nuisance were not sufficiently substantiated.
The plaintiff failed to prove their claims regarding unauthorized construction and the allegations of nuisance were not sufficiently substantiated.
Supporting Evidence
The evidence on record does not suffice to reasonably make it clear that the act of the defendant is causing nuisance. Also, the plaintiff has notably desisted from specifying the date on which the alleged acts of the defendants including the date of causing structural alterations and usage of the space as a garden.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Concert O Castle Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Licy Kurian
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thomas George
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Byelaw, Authorisation Letter, copy of notice dated 30.06.18, Certified copy of document no. 5550/1/07 of SRO Ernakulam.
Defendants Documents
14.12.10 Letter, 20.05.08 Permission letter, 16.03.12 Registered letter, 22.03.12 Letter, 15.05.12 Registered letter.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji Issac K.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramanarayana Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smrithi M Kini
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Request for mandatory injunction to remove the unauthorized garden maintained on the porch.
Evidence:
The relief of mandatory injunction to remove the unauthorized garden maintained on the porch of the building, is found barred by the law of limitation.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Request for mandatory injunction to remove the canopy and grill constructed in the apartment.
Evidence:
The other reliefs are found not barred under the law of limitation.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Request for a decree of permanent prohibitory injunction restraining the defendants from making any construction or committing waste.
Evidence:
Hence, as a conclusion of the above said discussions, the points are found against the plaintiff.
Documents & Evidence
Document Type:
Byelaw
Submitted By:
Plaintiff
Relevance:
This document serves as the memorandum of association of the plaintiff association.
Reference:
Ext.A1
Document Type:
Authorisation Letter
Submitted By:
Plaintiff
Relevance:
This document indicates authorization related to the plaintiff association.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to defendants regarding their unauthorized constructions.
Reference:
Ext.A3
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the title deed of Flat No. 1C.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This letter was a complaint from the plaintiff regarding water leakage.
Reference:
Ext.B1
Document Type:
Permission letter
Submitted By:
Defendant
Relevance:
This document was allegedly sent to the plaintiff requesting permission to erect the canopy.
Reference:
Ext.B3
Document Type:
Registered Letter
Submitted By:
Defendant
Relevance:
This letter from the plaintiff concerns unauthorized modifications.
Reference:
Ext.B4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This document is a reply to the registered letter issued by the plaintiff.
Reference:
Ext.B5
Document Type:
Registered Letter
Submitted By:
Defendant
Relevance:
This letter was sent by the plaintiff dated 15.05.2012 regarding previous communications.
Reference:
Ext.B6
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
This series includes photographs relevant to the defense.
Reference:
Ext.B9 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides findings related to the suit.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies from witnesses provide verbal accounts relevant to the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Concert O Castle Owners Association vs Licy Kurian et al regarding permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Concert O Castle Owners Association vs Licy Kurian et al regarding permanent prohibitory injunction and mandatory injunction.