Case Summary
George Samuel Kutty and others filed a petition against Nayana Krishna Kumar and Asset Homes Pvt Ltd regarding their rights to use car parking spaces in a commercial building. The plaintiffs allege unlawful obstruction by the defendants concerning common parking areas.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction restraining defendants from obstructing parking
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs were found to have a prima facie case as their rights to use the common parking spaces were established through valid sale deeds.
The plaintiffs were found to have a prima facie case as their rights to use the common parking spaces were established through valid sale deeds.
Judgment Evidence:
In the result, petition is allowed. The respondents, their men and agents are hereby restrained from causing any obstruction to the plaintiffs and their tenants in parking their vehicles in plaint B schedule parking spaces till the disposal of this suit.
Parties Involved
Plaintiffs
George Samuel Kutty (67 years years)
Pulivila Malayil, Chunakkara, Alappuzha District, in – 690 534
Annamma James (57 years years)
Kathadathu house, Komalloor P.O, Chunakkara, Alappuzha District, Pin – 690 505
Robin James (33 years years)
Kathadathu house, Komalloor P.O, Chunakkara, Alappuzha – 690 505
Joy Varghese (54 years years)
12C, Asset Silver Streek, Perumbavoor road, Kuttamassery, Keezhmadu, Aluva – 683 105
Sindhu Subramanian (51 years years)
Kuttikattu lane, Main road, Tripunithura – 682 301
Defendants
Nayana Krishna Kumar (67 years years)
Anouk, Opposite Palliparambukavu temple, Palliparambukavu road, Tripunithura P.O, Ernakulam – 682 301
M/s Asset Homes Pvt Ltd (Age not specified years)
registered office at No. XV/246 C, Asset centrals NH By pass, Kundanoor junction, Maradu P.O, Kochi, Ernakulam
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary prohibitory injunction restraining the respondents from obstructing the plaintiffs and their tenants from parking in the designated spaces.
Evidence:
Hence the petition is allowed. The respondents, their men and agents are hereby restrained from causing any obstruction to the plaintiffs and their tenants in parking their vehicles in plaint B schedule parking spaces till the disposal of this suit.
Documents & Evidence
Document Type:
Agreement to build
Submitted By:
Plaintiff
Relevance:
Executed on 12.02.2012, this agreement allows for construction in favor of the plaintiffs.
Reference:
Ext.A1
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
Executed on 12.02.2012, this agreement details the sale aspects related to the plaintiffs.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of Sale Deed No. 3637/12 documenting the sale to the third plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of Sale Deed No. 3638/12 documenting the sale to the second plaintiff.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of Sale Deed No. 775/13 documenting the sale to the fifth plaintiff.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
True copy of Sale Deed No. 3636/12 documenting the sale to the fourth plaintiff.
Reference:
Ext.A6
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
True copy of the plaint in OS 555/23 related to the current disputes.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
True copy of Power of Attorney executed for the case.
Reference:
Ext.A8
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Another True copy of Power of Attorney executed for the case.
Reference:
Ext.A9
Document Type:
Plan
Submitted By:
Defendant
Relevance:
Shows the configuration of car parking allotted to purchasers.
Reference:
Ext.B1
Document Type:
Memorandum of Understanding
Submitted By:
Defendant
Relevance:
Details the initial agreement concerning property rights and structures.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to provide evidence in the ongoing disputes.
Reference:
Ext.C1