Case Summary
K P Sebastian, the plaintiff, seeks a permanent prohibitory injunction against the Harmya Family Homes Owners Association to prevent them from demolishing a security cabin and obstructing his privacy and access to light and air. The defendant association argues that the plaintiff has no exclusive rights over common property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from demolishing the security cabin and committing any act of waste in the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established his case with unchallenged evidence regarding the security cabin's importance for his privacy and access to light.
Plaintiff established his case with unchallenged evidence regarding the security cabin's importance for his privacy and access to light.
Judgment Evidence:
In the result, 1) Suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from demolishing the security cabin situated on the south-west portion of the plaintiff's apartment or committing any act of waste or mischief in the plaint schedule property.
Parties Involved
Plaintiffs
K P Sebastian (58 years years)
Kolathupadavil House, Block 3 C-2, Harmya Family Homes, Thoppil Junction, Thrikkakara, Kochi - 682 021, Ernakulam
Defendants
Harmya Family Homes Owners Association (Age not specified years)
Thoppil Junction, Thrikkakara, Kochi - 682 021
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from demolishing the security cabin situated on the south-west portion of the plaintiff's apartment or committing any act of waste or mischief in the plaint schedule property.
Evidence:
In the result, Defendants are restrained by a permanent prohibitory injunction from demolishing the security cabin situated on the south-west portion of the plaintiff's apartment or committing any act of waste or mischief in the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
Counter claim is dismissed with costs.
Evidence:
Counter claim is dismissed with costs.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report shows the nature and lie of the plaint schedule property demarcated by a compound wall.
Reference:
Ext.C1 series