O.S. No.7 08/2012

Case between Golden Plaza Owners Association et al vs C Najeeb et al regarding declaration and injunction

Court

COURT OF THE MUNSIFF, ERNAKULAM

Judge

Smt. Needi. K. Dinamany

Order Date

2024-12-02

Duration

approximately-12 years 3 months

Case Closed

Mon, 12/02/2024 - 12:00

Judgement document from eCourt website

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Case Summary

The plaintiffs are the members of the Golden Plaza Owners Association, seeking to declare a sale deed as null and void. The defendants are property owners asserting rights over a passage that the plaintiffs claim was illegitimately granted.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiffs, declaring the sale deed invalid and restraining the defendants from using the disputed passage.

Judgment Favored

Plaintiff

Relief Granted

Sale deed No.961/2004 is declared invalid and null and void. Defendants are restrained from using the C schedule passage.

Case Type

Civil Suit

Final Judgment

The suit is decreed in favor of the plaintiffs, declaring the sale deed invalid and restraining the defendants from using the disputed passage.

Why Plaintiff Won:
The plaintiffs proved that the sale deed was executed without proper authority, making it invalid.

Losing Side's Weaknesses:
The plaintiffs proved that the sale deed was executed without proper authority, making it invalid.

Supporting Evidence

The court found that the first defendant acted beyond the scope of authority granted by the power of attorney, leading to the conclusion that the sale deed was invalid.

Judgment Evidence:

In the result, suit is decreed with costs. It is hereby declared that sale deed No.961/2004 of Ernakulam SRO is invalid, null and void and does not confer or create any right or authority on the defendants.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Golden Plaza Owners Association
Relation: represented by its Secretary Sri. Thushar V P

Party Role: Plaintiff
Party Name: Sarada Jagadeesh
Party Age: 73
Relation: W/o Late K G Jagadish

Party Role: Plaintiff
Party Name: Maya Krishnakumar
Party Age: 50
Relation: W/o Krishnakumar

Party Role: Plaintiff
Party Name: Swapna Jayakumar
Party Age: 45
Relation: W/o Jayakumar

Party Role: Plaintiff
Party Name: C R Parameswaran Pillai
Party Age: 55
Relation: S/o P S Kumara Pillai

Party Role: Defendant
Party Name: C Najeeb
Party Age: 51
Relation: S/o K K Moidu

Party Role: Defendant
Party Name: Bhagiyam
Party Age: 62
Relation: W/o Mariyappan

Party Role: Defendant
Party Name: Bhavani Pillai
Party Age: 49
Relation: D/o N K Kochammini

Party Role: Defendant
Party Name: Thomas Joe
Party Age: 34
Relation: S/o Joe Thomas

Party Role: Defendant
Party Name: Maggie Joe
Party Age: 58
Relation: W/o Joe Thomas

Plaintiffs Documents

Registration certificate, partition deed, sale deeds, power of attorney.

Defendants Documents

Certified copy of judgment in OS 933/2009, encumbrance certificate.

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: V K Shyam
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: S Ananthakrishnan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sandhya C Nair
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: C Varghese Kuriakose
Appearance Type: Exparte

Party Role: Defendant
Advocate Name: Shahul Hameed Moopan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: T A Niyas
Appearance Type: Main Counsel

Reliefs

Relief Type: Declaration

Outcome: Granted

Description:

It was declared that sale deed No.961/2004 is invalid and null and void.

Evidence:

It is hereby declared that sale deed No.961/2004 of Ernakulam SRO is invalid null and void and does not confer or create any right or authority on the defendants.

Relief Type: Injunction

Outcome: Granted

Description:

Defendants were restrained from using the C schedule or any part of A schedule as a passage.

Evidence:

Defendants are restrained from using the C schedule or any part of A schedule as a passage.

Documents & Evidence

Document Type: Registration Certificate

Submitted By: Plaintiff

Relevance:

This document is the registration certificate of the first plaintiff.

Reference:

Ext.A1

Document Type: Partition Deed

Submitted By: Plaintiff

Relevance:

This is a certified copy of the partition deed establishing the ownership of the land.

Reference:

Ext.A2

Document Type: Sale deed

Submitted By: Plaintiff

Relevance: