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
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
No
Why Plaintiff Won:
The plaintiffs proved that the sale deed was executed without proper authority, making it invalid.
The plaintiffs proved that the sale deed was executed without proper authority, making it 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
Plaintiffs
Golden Plaza Owners Association (Age not specified years)
Golden Plaza Building, Chittor Road, Cochin- 682011
Sarada Jagadeesh (73 years)
Saranya, Chittor Road, Cochin- 682011
Maya Krishnakumar (50 years)
Saranya, Chittor Road, Cochin- 682011
Swapna Jayakumar (45 years)
Saranya, Chittor Road, Cochin- 682011
C R Parameswaran Pillai (55 years)
Hari Om, Iyyattil Lane, Chittor Road, Kochi- 682011
Defendants
C Najeeb (51 years)
Thamana, SRM Road, Cochin- 682018
Bhagiyam (62 years)
C C No. XLI/818, Cochin- 682018
Bhavani Pillai (49 years)
C C No. 41/1064, Golden Plaza Annex, Chittor Road, Kochi- 682011
Thomas Joe (34 years)
1st Floor, Golden Plaza, Annex, Chittor Road, Cochin- 682011
Maggie Joe (58 years)
1st Floor, Golden Plaza, Annex, Chittor Road, Cochin- 682011
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:
This document is a certified copy of a sale deed pertaining to the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a sale deed pertaining to the property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a sale deed pertaining to the property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a sale deed pertaining to the property.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a sale deed pertaining to the property.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the power of attorney executed to facilitate property transactions.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of a sale deed pertaining to the B schedule property.
Reference:
Ext.A10
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a deed of sale concerning the right of passage which was contested in this case.
Reference:
Ext.A14
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the order related to another related case.
Reference:
Ext.A15
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document is a commission report related to the property in dispute.
Reference:
Ext.C1