Case Summary
Dr. Sr. Synda filed a prohibitory injunction suit against Prince J Vellukunnel and Horizon Daffodils Apartment Owners Association regarding excessive maintenance charges. The case revolves around the status of the 3rd defendant, who is claimed to be a non-existent entity as the company has been wound up.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to delete the 3rd defendant from the party array was allowed. The court found merit in the argument that the 3rd defendant, being a non-existent entity, should not remain in the suit.
Key Reasoning:
The 3rd defendant is not a necessary party to the suit as the company has been wound up.
The 3rd defendant is not a necessary party to the suit as the company has been wound up.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The petitioner being a non existent legal entity can be deleted from the party array. Therefore the petitioner company does not exist now.
Judgment Evidence:
In the result, the above petition is allowed. 3rd defendant is deleted from party array.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Sr. Synda
- Party Age
- 72
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Horizon Daffodils Apartment Owners Association
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- The President, Horizon Daffodils Apartment Owners Association
- Party Role
- Defendant
- Party Name
- Prince J Vellukunnel
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Agreement for Sale and Construction dated 16-06-2010.
Defendants Documents
Document showing that the company was struck off from register of companies in 2021.
Advocates
- Party Role
- Defendant
- Advocate Name
- Dalbi Emmanual P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K P Madhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aparna S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandra Maria Benny
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Binu George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rakesh Roshan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Deletion of the 3rd defendant from the party array in the suit.
Evidence:
Accordingly I find merit in the above petition.
Documents & Evidence
Document Type:
Agreement for Sale and Construction
Submitted By:
Unknown
Relevance:
The agreement establishes the basis of the plaintiff's claim against the third defendant regarding maintenance charges.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Misjoinder of parties
Case Code
Case between Dr. Sr. Synda vs Prince J Vellukunnel et al regarding deletion of 3rd defendant from party array.
Case Code Year
Case between Dr. Sr. Synda vs Prince J Vellukunnel et al regarding deletion of 3rd defendant from party array.