Case Summary
Henry Herbert, the petitioner, is the owner of Flat No. 10D in Kalpaka Castle Apartment. He is facing obstruction from respondents Mohan Gangadharan and Sony regarding his right to park his motorcycle in the common area.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the petitioner has no vested right to park in the common area beyond his designated parking space.
The court found that the petitioner has no vested right to park in the common area beyond his designated parking space.
Judgment Evidence:
In the result, petition is dismissed.
Parties Involved
Plaintiffs
Henry Herbert (60 years years)
Kalpaka Castle Apartment, 10th floor, Flat no. 10D, Subhashnagar, Edappally P.O, Edappally north village, Kanayannur taluk, Ernakulam District – 682 024
Defendants
Mohan Gangadharan (65 years years)
Kalpaka Castle Apartment, Flat No. 10A, Subhashnagar, Edappally P.O, Edappally north village, Kanayannur taluk, Ernakulam District – 682 024
Sony (45 years years)
Kalpaka Castle, Subhash Nagar, Edapally P.O, Kochi – 682 024
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioner sought an order of interim prohibitory injunction restraining the respondents from obstructing the petitioner parking his motorcycle.
Evidence:
The balance of convenience in granting an order of injunction as sought for is clearly against the petitioner.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The original sale deed by virtue of which the petitioner has purchased the apartment.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued by the Edappally North Village Office.
Reference:
Ext.A2
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
Rough sketch showing plaint schedule Item No. 1 to 3 properties.
Reference:
Ext.A3
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
Copy of the Bye-law of Kalpaka Castle Apartment owner’s Association.
Reference:
Ext.A4
Document Type:
Memo
Submitted By:
Defendant
Relevance:
True copy of the memo issued by K.C.A.O.A via mail to all the residents in the apartment.
Reference:
Ext.B1
Document Type:
Email
Submitted By:
Defendant
Relevance:
True copy of the mail sent by the owners of the apartment of 12F named Sajeev Nair.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of the complaint filed by the 1st respondent before the Elamakkara Police Station.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Susan Kuriakose.
Reference:
Ext.C1