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
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The plaintiffs did not establish a prima facie case and failed to show a legitimate claim to the room.
The plaintiffs did not establish a prima facie case and failed to show a legitimate claim to the room.
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
Plaintiffs
Jayadeep (53 years years)
CC No. 48/597, 3rd Cross Road, Keerthi Nagar, Elamakkara, Kochi-682026
Sreekala Shaji (53 years years)
‘Ashwathy’ CC No. 48/617, Keerthi Nagar, Elamakkara, Kochi-682026
Defendants
Keerthi Nagar Housing Co Operative Society (62 years years)
No. E-646 Keerthinagar, Elamakkara, Kochi 682026
Keerthi Nagar Residents Association (44 years years)
Reg No. ER 644/08, Elamakkara, Kochi 682026
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