Case Summary
The plaintiffs, owners and residents of specific flats in Sapphire Heights Apartments, filed a suit against the defendants, seeking a permanent prohibitory injunction against disconnection of essential services and unauthorized financial contributions. They allege that the defendants' actions violated their rights as apartment owners and sought relief due to illegal practices in the association's management.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from disconnecting generator power supply and stopping waste clearance.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence showing their entitlement to a decree of injunction.
The plaintiffs provided unchallenged evidence showing their entitlement to a decree of injunction.
Judgment Evidence:
In the result, suit is partly decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from disconnecting the generator power supply connection to the apartments numbers as 12E, 10D, 3D and 11E respectively in the Apartment complex named ‘Sapphire Height’s Apartments’ owned by the plaintiffs and also restraining the stoppage of waste clearance from the above flats.
Parties Involved
Plaintiffs
Joshy Varghese (38 years years)
Flat No. 12E, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Kochi-682028, Ernakulam District.
Anmol Bharwal (38 years years)
Flat No. 10D, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Kochi-682028, Ernakulam District.
Renjith Nair (38 years years)
Flat No. 3D, Sapphire Heights, Apartments, Palachuvadu Road, Vennala, Kochi-682028, Ernakulam District.
Jose Thomas (49 years years)
Flat No. 11E, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Kochi-682028, Ernakulam District.
Defendants
M/s Sapphire Heights Residents Association (Age not specified years)
Palachuvadu Road, Vennala, Ernakulam, Kochi-682028.
Rajiv Girotra (65 years years)
Penthouse, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Ernakulam, Kochi-682028.
Priyanka Anup (43 years years)
Flat No. 5D, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Ernakulam, Kochi-682028.
Mathew Thomas (56 years years)
Flat No. 6D, Sapphire Heights Apartments, Palachuvadu Road, Vennala, Ernakulam, Kochi-682028.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought to restrain defendants from disconnecting power supply and stopping waste clearance.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from disconnecting the generator power supply connection to the apartments...
Relief Type:
Other
Outcome:
Refused
Description:
Plaintiffs sought a declaration that the 3rd defendant is not eligible for election as a committee member.
Evidence:
But no evidence is seen adduced to support the said claims. Hence court is not inclined to grant the said relief.
Documents & Evidence
Document Type:
Bye-law of the Association
Submitted By:
Plaintiff
Relevance:
Used to support the claims regarding the association's governance and rules.
Reference:
Ext.A1
Document Type:
Copy of the complaint given to the District Registrar
Submitted By:
Plaintiff
Relevance:
Demonstrates the complaints made by the plaintiffs regarding irregularities in the association.
Reference:
Ext.A2
Document Type:
Email issued by defendants to members
Submitted By:
Plaintiff
Relevance:
Shows communication from the defendants regarding association matters.
Reference:
Ext.A3
Document Type:
Email issued by the defendants to plaintiff
Submitted By:
Plaintiff
Relevance:
Evidence of direct communication concerning the claims.
Reference:
Ext.A4
Document Type:
Receipt issued to plaintiffs for MMC
Submitted By:
Plaintiff
Relevance:
Confirms that the plaintiffs have been paying maintenance charges.
Reference:
Ext.A5
Document Type:
Letter issued by District Registrar
Submitted By:
Plaintiff
Relevance:
Relates to the directive from the District Registrar regarding election procedures.
Reference:
Ext.A6
Document Type:
Email from Governing body of association
Submitted By:
Plaintiff
Relevance:
Indicates communication regarding association governance.
Reference:
Ext.A7
Document Type:
Print of email and voters list
Submitted By:
Plaintiff
Relevance:
Evidence related to the electoral process of the association.
Reference:
Ext.A8
Document Type:
Receipts for receiving MMC and AMC
Submitted By:
Plaintiff
Relevance:
Confirms payments made by the plaintiffs for maintenance.
Reference:
Ext.A9 Series
Document Type:
Receipts issued to 2nd plaintiff for MMC and AMC
Submitted By:
Plaintiff
Relevance:
Confirms payments made by the second plaintiff.
Reference:
Ext.A10 Series
Document Type:
Receipts issued to 3rd plaintiff for MMC and AMC
Submitted By:
Plaintiff
Relevance:
Confirms payments made by the third plaintiff.
Reference:
Ext.A11 Series
Document Type:
Minutes of annual General body meeting
Submitted By:
Plaintiff
Relevance:
Records decisions made during the annual meeting relevant to the case.
Reference:
Ext.A12