O.S No. 378/2020

Case between Kerala State Co-operative Housing Federation Ltd. No. 4330 vs Rajiv Nagar Resident’s Welfare Association et al regarding injunction and consequential reliefs

Court

COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Rohit Nandakumar

Order Date

2024-11-26

Duration

approximately-4 years 7 months

Judgement document from eCourt website

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Case Summary

The case involves a dispute between the Kerala State Co-operative Housing Federation and the Rajiv Nagar Resident’s Welfare Association regarding a commercial property. The plaintiff alleges unauthorized construction by the defendant on property owned by them.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the suit filed by the plaintiff seeking injunction and other reliefs. It concluded that the plaintiff failed to establish ownership and the nature of the disputed property.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court found that the plaintiff did not provide sufficient evidence to prove that the property was earmarked for commercial purposes.

Judgment Evidence:

In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.

Parties Involved

Plaintiffs

Kerala State Co-operative Housing Federation Ltd. No. 4330 (Age not specified years) Kaloor, Ernakulam, Kochi – 682 017

Defendants

Rajiv Nagar Resident’s Welfare Association (Age not specified years) Rajiv Nagar, Elamakkara, Edapally, Kochi – 682 026 Kochi Municipal Corporation (Age not specified years) Park Avenue, Cochin – 682 011, Ernakulam

Reliefs

Relief Type: Injunction

Outcome: Refused

Description:

Plaintiff requested a mandatory injunction and a permanent prohibitory injunction against the defendants.

Evidence:

I am therefore of the opinion that the injunctions as sought for cannot be granted in the case at hand.

Relief Type: Other

Outcome: Dismissed

Description:

The suit filed by the plaintiff is dismissed.

Evidence:

In the result, the suit is dismissed.

Documents & Evidence

Document Type: Resolution

Submitted By: Plaintiff

Relevance:

Resolution No. 17 of the Kerala State Co-operative Housing Federation Ltd. No. 4330.

Reference:

Ext.A1

Document Type: By-laws

Submitted By: Plaintiff

Relevance:

By-laws of the Kerala State Co-operative Housing Federation Ltd. No. 4330.

Reference:

Ext.A2

Document Type: Release deed

Submitted By: Plaintiff

Relevance:

Certified copy of Release Deed No. 1621/1984.

Reference:

Ext.A3

Document Type: Gift Deed

Submitted By: Plaintiff

Relevance:

Certified copy of Gift Deed No. 1932/2019.

Reference:

Ext.A4

Document Type: Land Tax Receipt

Submitted By: Plaintiff

Relevance:

Land Tax Receipt issued by Edappally North Village.

Reference:

Ext.A5

Document Type: Receipt

Submitted By: Plaintiff

Relevance:

Receipt bearing Reference No. 13126 issued by Cochin Corporation.

Reference:

Ext.A6

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

Certified copy of Sale Deed No. 1786/1992.

Reference:

Ext.A7

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

Certified copy of Sale Deed No. 445/1996.

Reference:

Ext.A8

Document Type: Writ Petition

Submitted By: Defendant

Relevance:

Certified copy of W.P (c) No. 6522/2007 filed before Hon’ble High Court of Kerala.

Reference:

Ext.B1

Document Type: Writ Petition

Submitted By: Defendant

Relevance:

Certified copy of W.P (c) No. 7447/2008 filed before Hon’ble High Court of Kerala.

Reference:

Ext.B2

Document Type: Order

Submitted By: Defendant

Relevance:

Certified copy of Order in WP(c) No. 6522/2007.

Reference:

Ext.B3

Document Type: Order

Submitted By: Defendant

Relevance:

Certified copy of Order in WP(c) No. 21055/2011.

Reference:

Ext.B4

Document Type: Writ Appeal

Submitted By: Defendant

Relevance:

Certified copy of W.A. No. 1289/2016 filed before Hon’ble High Court of Kerala.

Reference:

Ext.B5

Document Type: Order

Submitted By: Defendant

Relevance:

Certified copy of Order in W.A No. 1289/2016.

Reference:

Ext.B6

Document Type: Plaint

Submitted By: Defendant

Relevance:

Certified copy of Plaint in O.S 341/2011 filed before Hon’ble Sub Court, Ernakulam.

Reference:

Ext.B7

Document Type: Judgment

Submitted By: Defendant

Relevance:

Certified copy of Judgment in O.S 341/2011.

Reference:

Ext.B8

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Document No. 2452/1997.

Reference:

Ext.B9

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Document No. 2451/1997.

Reference:

Ext.B10

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 5904/2006.

Reference:

Ext.B11

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 430/2021.

Reference:

Ext.B12

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 4106/2014.

Reference:

Ext.B13

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 3041/2015.

Reference:

Ext.B14

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 241/2021.

Reference:

Ext.B15

Document Type: Document

Submitted By: Defendant

Relevance:

Certified copy of Deed No. 2264/2021.

Reference:

Ext.B16

Document Type: Commission Report

Submitted By: Court

Relevance:

Commission Report filed by Adv. Commissioner Akhil George.

Reference:

Ext.C1

Document Type: Photographs

Submitted By: Court

Relevance:

17 Photographs with 1 C.D.

Reference:

Ext.C1(a) series

Case between Kerala State Co-operative Housing Federation Ltd. No. 4330 vs Rajiv Nagar Resident’s Welfare Association et al regarding injunction and consequential reliefs

Judgement document from eCourt website

Case Summary

Judgment Outcome

Judgment Evidence:

Parties Involved

Plaintiffs

Defendants

Reliefs

Documents & Evidence

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