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O.S.No. 1059 /2023

Case between Jayadeep et al vs Keerthi Nagar Housing Co Operative Society et al regarding temporary prohibitory injunction

Court
II Additional Munsiff Court
Judge
Smt. Needi.K. Dinamany
Order Date
2024-08-16
Duration
Case Code No.
1059
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Jayadeep and Sreekala Shaji as plaintiffs seeking a temporary prohibitory injunction against Keerthi Nagar Housing Cooperative Society and Keerthi Nagar Residents Association. The plaintiffs claim a right to use a room as a library, while the defendants argue that the room is owned by the society.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for temporary injunction, stating that the plaintiffs failed to prove their right to use the plaint schedule room as a library.
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court dismissed the petition for temporary injunction, stating that the plaintiffs failed to prove their right to use the plaint schedule room as a library.
Key Reasoning:
The plaintiffs did not establish a prima facie case and failed to show a legitimate claim to the room.
Why Defendant Won:
Not available
Supporting Evidence
The petitioners have not proved the existence of a prima facie case. Moreover, the balance of inconvenience is also not in favour of the petitioner.

Judgment Evidence:

Hence in the interest of justice the court is satisfied that the petition is not to be allowed. Accordingly, this court finds no merit in the above petition. Hence point No.1 to 4 is found against the petitioner. In the result, 1) Petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jayadeep
Party Age
53
Relation
S/o
Party Role
Plaintiff
Party Name
Sreekala Shaji
Party Age
53
Relation
W/o
Party Role
Defendant
Party Name
Keerthi Nagar Housing Co Operative Society
Party Age
62
Relation
represented by its Secretary
Party Role
Defendant
Party Name
Keerthi Nagar Residents Association
Party Age
44
Relation
Represented by
Plaintiffs Documents
Copy of Bye-law of R1 society, Copy of Bye-law of R2 association, Copy of Lease agreement between R1 and R2, Copy of letter from R2 to R1, Copy of letter from R1 to R2, Copy of receipts nos.9333 and 9393 issued by R2
Defendants Documents
Copy of minutes of resolution passed by the respondent, Copy of notice issued by the secretary, Copy of letter issued by the Assistant registrar of Cooperative societies, Copy of judgement in WP(c) No. 14922/2023 of Hon’ble High Court of Kerala

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
M.N. Manmadan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Viswanath Salish
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Prabha Murali Krishnan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amal A.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ajith Viswanathan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Balram.S.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shibu Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.C. Xavier
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sidharth.P.Sasi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arun Joseph Mathew
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Refused
Description:
The petitioners sought a temporary prohibitory injunction against the respondents.
Evidence:
Hence, in the interest of justice the court is satisfied that the petition is not to be allowed.

Documents & Evidence

Document Type: Bye-law
Submitted By: Plaintiff
Relevance:
This document provides the regulations governing the 1st respondent society.
Reference:
Ext.A1
Document Type: Bye-law
Submitted By: Plaintiff
Relevance:
This document provides the regulations governing the 2nd respondent association.
Reference:
Ext.A2
Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
This document outlines the lease agreement between the 1st respondent and 2nd respondent.
Reference:
Ext.A3
Document Type: Letter
Submitted By: Plaintiff
Relevance:
This letter is from the 2nd respondent to the 1st respondent regarding the library.
Reference:
Ext.A4
Document Type: Letter
Submitted By: Plaintiff
Relevance:
This letter is from the 1st respondent to the 2nd respondent regarding the library.
Reference:
Ext.A5
Document Type: Receipts
Submitted By: Plaintiff
Relevance:
These receipts were issued by the 2nd respondent to the petitioners.
Reference:
Ext.A6
Document Type: Minutes of resolution
Submitted By: Defendant
Relevance:
This document signifies the society's decision granting temporary library use.
Reference:
Ext.B1
Document Type: Notice
Submitted By: Defendant
Relevance:
This notice was issued by the secretary addressing issues related to the 2nd respondent.
Reference:
Ext.B2
Document Type: Letter
Submitted By: Defendant
Relevance:
This letter was issued by the Assistant Registrar of Cooperative Societies.
Reference:
Ext.B3
Document Type: Judgment
Submitted By: Defendant
Relevance:
This judgment pertains to WP(c) No. 14922/2023 of the High Court of Kerala.
Reference:
Ext.B4
Document Type: Commission Report
Submitted By: Court
Relevance:
This report filed by the Advocate details findings regarding the plaint schedule room.
Reference:
Ext.C1

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2023

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

Cooperative Society

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