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
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.
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
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.