Case Summary
Empire Building Owners' Association is seeking a temporary prohibitory injunction against Babu Mather for obstructing access to common areas of the Empire Building. The respondent is accused of locking public access points and causing obstructions to shared facilities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against the respondent from causing any obstructions to the common areas and facilities until the final disposal of the suit.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the petition for a temporary injunction in favor of the petitioner, restraining the respondent from obstructing access to common areas and facilities.
Why Plaintiff Won:
The petitioner established a prima facie case with sufficient grounds for the injunction.
The petitioner established a prima facie case with sufficient grounds for the injunction.
Losing Side's Weaknesses:
The petitioner established a prima facie case with sufficient grounds for the injunction.
The petitioner established a prima facie case with sufficient grounds for the injunction.
Supporting Evidence
The court found that the petitioner has made out a prima facie case, that the balance of convenience lies in their favor, and that irreparable harm will result if interim relief is not granted.
Judgment Evidence:
In the result, the petition is allowed in part as follows; (i) An order of temporary injunction is passed restraining the respondent from putting up any structures or from causing any obstructions or doing any acts detrimental to the use of plaint B schedule car parking area comprised in survey No.1986/1, until the final disposal of this suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Empire Building Owners' Association No. EKM/TC/282/2022
- Party Role
- Defendant
- Party Name
- Babu Mather
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Copy of the Memorandum of association & byelaws of the plaintiff association, Copy of registration certificate EKM/TC/282/2022 issued by the registrar of societies, Copy of sale deed No. 2611/2015 of the SRO Ernakulam, Copy of notice bearing No. ISO/MOP4/K-Smart-2045378/2024.
Defendants Documents
Copy of the Decree in OS No. 1740/2003, True photo copy of the covering letter which was given by the defendant to the plaintiff, True photo copy of Memorandum of Understanding.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prabhu Murali Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthi R.Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sojo J. Kallidukkil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.P. Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kottakkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Varghese M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. Sandhya S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shanthi John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the respondent from causing any obstruction to the use of the B schedule car parking area.
Evidence:
An order of temporary injunction is passed restraining the respondent from putting up any structures or from causing any obstructions or doing any acts detrimental to the use of plaint B schedule car parking area comprised in survey No.1986/1, until the final disposal of this suit.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the respondent from causing obstruction to the members of the petitioner association in ensuring access to the lift machine rooms.
Evidence:
An order of temporary injunction is passed restraining the respondent from causing any obstruction to the members of the petitioner association in ensuring smooth access for the members of the petitioner and their service personnel to the lift machine rooms.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Restraining the respondent from causing obstruction to the members of the petitioner association in enjoying common facilities.
Evidence:
An order of temporary injunction is passed restraining the respondent from causing any obstruction to the members of the petitioner association in enjoying the common facilities and amenities as provided in exhibit A3.
Documents & Evidence
Document Type:
Copy of the Memorandum of association & byelaws
Submitted By:
Plaintiff
Relevance:
Establishes the framework and operations of the petitioner association.
Reference:
Ext.A1
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Confirms the legal status and registration of the petitioner association.
Reference:
Ext.A2
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
Details ownership and rights concerning the property in question.
Reference:
Ext.A3
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Indicates the violations reported to the respondent, mandating removal of obstructions.
Reference:
Ext.A4
Document Type:
Copy of the Decree
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership rights over certain land in previous litigation.
Reference:
Ext.B1
Document Type:
True photo copy of the covering letter
Submitted By:
Defendant
Relevance:
Transmits documents for consideration related to the case.
Reference:
Ext.B2
Document Type:
True photo copy of Memorandum of Understanding
Submitted By:
Defendant
Relevance:
Outlines the understanding regarding shared areas between the respondent and the association.
Reference:
Ext.B3
Document Type:
True photo copy of the site Plan of Empire Building
Submitted By:
Defendant
Relevance:
Provides layout details pertinent to the dispute.
Reference:
Ext.B4
Document Type:
True photo copy of the table containing the measurements and extent of common areas
Submitted By:
Defendant
Relevance:
Clarifies measurements relevant to the common property.
Reference:
Ext.B5
Document Type:
True photo copy of the table containing the details of amenities
Submitted By:
Defendant
Relevance:
Lists amenities associated with the common areas.
Reference:
Ext.B6
Document Type:
True photo copy of the table containing the measurements of access area demarcated
Submitted By:
Defendant
Relevance:
Indicates areas allocated for maintenance access.
Reference:
Ext.B7
Document Type:
True photo copy of the table containing the details of Maintenance Charges incurred by the builders
Submitted By:
Defendant
Relevance:
Highlights financial records related to maintenance costs.
Reference:
Ext.B8
Document Type:
True photo copy of the list of documents
Submitted By:
Defendant
Relevance:
Catalogs key legal documents relevant to the ownership claims.
Reference:
Ext.B10
Document Type:
True photo copy of the notice issued by the Assistant Executive Engineer
Submitted By:
Defendant
Relevance:
Communicates official findings regarding property management.
Reference:
Ext.B12
Document Type:
True photo copy of the reply letter
Submitted By:
Defendant
Relevance:
Responses to official inquiries about property conditions.
Reference:
Ext.B13
Document Type:
True photo copy of the letter from the Assistant Executive of the Corporation of Kochi
Submitted By:
Defendant
Relevance:
Confirms compliance with building rules.
Reference:
Ext.B14
Document Type:
True photo copy of the Completion Plan
Submitted By:
Defendant
Relevance:
Illustrates completion status of various building floors.
Reference:
Ext.B27
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 Empire Building Owners' Association vs Babu Mather regarding temporary prohibitory injunction
Case Code Year
Case between Empire Building Owners' Association vs Babu Mather regarding temporary prohibitory injunction