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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.
Key Reasoning:
The court found that the plaintiff did not provide sufficient evidence to prove that the property was earmarked for commercial purposes.
The court found that the plaintiff did not provide sufficient evidence to prove that the property was earmarked for commercial purposes.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has not produced any such essential documents to establish such an aspect. The plaintiff has not produced the approved plan or layout with regard to the plaint B schedule property.
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala State Co-operative Housing Federation Ltd. No. 4330
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Rajiv Nagar Resident’s Welfare Association
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Kochi Municipal Corporation
- Relation
- represented by
Plaintiffs Documents
Resolution No.17 of the Kerala State Co-operative Housing Federation Ltd. No. 4330, Bye-laws of the Kerala State Co-operative Housing Federation Ltd. No. 4330, Certified copy of Release Deed No. 1621/1984, Certified copy of Gift Deed No. 1932/2019, Land Tax Receipt issued by Edappally North Village, Receipt bearing Reference No. 13126 issued by Cochin Corporation, Certified copy of Sale Deed No. 1786/1992, Certified copy of Sale Deed No. 445/1996
Defendants Documents
Certified copy of W.P (c) No. 6522/2007 filed before Hon’ble High Court of Kerala, Certified copy of W.P (c) No. 7447/2008 filed before Hon’ble High Court of Kerala, Certified copy of Order in WP(c) No. 6522/2007, Certified copy of Order in WP(c) No. 21055/2011, Certified copy of W.A. No. 1289/2016 filed before Hon’ble High Court of Kerala, Certified copy of Order in W.A No. 1289/2016, Certified copy of Plaint in O.S 341/2011 filed before Hon’ble Sub Court, Ernakulam, Certified copy of Judgment in O.S 341/2011
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. N Rajan Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Pallattukaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sidharth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Viswanathan
- Appearance Type
- Main Counsel
- Bar Registration
- Senior Advocate
- Party Role
- Defendant
- Advocate Name
- Ajith Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shibu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Balaram S. A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anoopa M. J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tintu K. M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rahul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Drisya Kamal
- Appearance Type
- Main Counsel
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 Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
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
Case Code Year
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