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O.S No. 210/2025

Case between Henry Herbert vs Mohan Gangadharan et al regarding parking rights in common area.

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-04-09
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Defendant Won
Interim Order
The petition filed by Henry Herbert for an interim prohibitory injunction against the respondents was dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition filed by Henry Herbert for an interim prohibitory injunction against the respondents was dismissed.
Key Reasoning:
The court found that the petitioner has no vested right to park in the common area beyond his designated parking space.
Why Defendant Won:
Not available
Supporting Evidence
The petitioner has failed to point out any particular provision of the bylaw which provides right of parking vehicles in the common area in excess to the designated car parking spaces for any of the apartment owners.

Judgment Evidence:

In the result, petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Henry Herbert
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Mohan Gangadharan
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Sony
Party Age
45
Relation
Care Taker
Plaintiffs Documents
Copy of the Sale deed bearing no. 1465/12 of Edappally SRO, Land Tax receipt issued by the Edappally North Village Office, Rough Sketch, Copy of the Bye-law of Kalpaka Castle Apartment owner's Association.
Defendants Documents
True copy of the memo issued by K.C.A.O.A via mail to all the residents in the apartment, True copy of the mail sent by the owners of the apartment of 12F named Sajeev Nair, Copy of the complaint filed by the 1st respondent before the Elamakkara Police Station.

Advocates

Party Role
Plaintiff
Advocate Name
E.Rafeek
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ameena Rafeek
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sohail Mohammed Ansary
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arjun S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nithin Raj Vettikkadan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anjala Nazrin Subair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anjo Francis
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Henry Herbert vs Mohan Gangadharan et al regarding parking rights in common area.
Case Code Year
Case between Henry Herbert vs Mohan Gangadharan et al regarding parking rights in common area.

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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