Case Summary
The case involves the Leisure Ville Owners Association filing a suit against Mather Projects Private Limited and others for obstructing the plaintiff's use and maintenance of common areas in their residential project. The defendants unlawfully trespassed and disrupted maintenance activities, prompting the plaintiff to seek an injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed in part, granting the plaintiff a permanent prohibitory injunction against the defendants, restraining them from preventing the plaintiff from using or maintaining the common areas. Additionally, the plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The evidence established that the defendants were obstructing the plaintiff's use and maintenance of common areas, which were designated for the benefit of the villa residents.
The evidence established that the defendants were obstructing the plaintiff's use and maintenance of common areas, which were designated for the benefit of the villa residents.
Losing Side's Weaknesses:
The evidence established that the defendants were obstructing the plaintiff's use and maintenance of common areas, which were designated for the benefit of the villa residents.
The evidence established that the defendants were obstructing the plaintiff's use and maintenance of common areas, which were designated for the benefit of the villa residents.
Supporting Evidence
The uncontroverted evidence suggested that the defendants were preventing the plaintiff from using the common areas, thus supporting the plaintiff's claim for injunctive relief.
Judgment Evidence:
In the result, suit is decreed in part as follows; 1.A decree of permanent prohibitory injunction is passed restraining the defendants, its employees, agents and persons under them, from preventing or obstructing the Plaintiff and persons under it from using or enjoying or maintaining the common areas and common amenities in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leisure Ville Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mather Projects Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mather Projects
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dileep Ebrahim
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prakash Bare
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Agreement dated 21.11.2007, Sale Deed No. 5038/2007, minutes of General Body Meeting dated 28.01.2017, email dated 31.01.2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham Markos
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alexander Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sharad Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chandapillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen K. Joy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants from preventing or obstructing the Plaintiff from using or maintaining the common areas.
Evidence:
In the result, suit is decreed in part as follows; 1.A decree of permanent prohibitory injunction is passed restraining the defendants, its employees, agents and persons under them, from preventing or obstructing the Plaintiff and persons under it from using or enjoying or maintaining the common areas and common amenities in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
2.The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This is a copy of the agreement dated 21.11.2007 mentioned in the suit.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This is the copy of Sale Deed No. 5038/2007 dated 12.12.2007 involved in the case.
Reference:
Ext.A2
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
This is the copy of minutes of meeting dated 28.01.2017 related to the establishment of the Plaintiff Association.
Reference:
Ext.A3
Document Type:
Email Printout
Submitted By:
Plaintiff
Relevance:
This is the printout of email dated 31.01.2017, enclosing the minutes of the meeting dated 28.01.2017.
Reference:
Ext.A4
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
This is the copy of the Memorandum of Association and bye-laws of the Leisure Ville Owners Association.
Reference:
Ext.A5
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
This is the copy of certificate of registration dated 22.03.2017 of the Association.
Reference:
Ext.A6
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
This is the copy of survey sketch of Mather Leisure Ville Project prepared by Capital Surveyors, Ernakulam.
Reference:
Ext.A7
Document Type:
Minutes of AGM
Submitted By:
Plaintiff
Relevance:
This is the copy of minutes of the Leisure Ville Owners Association AGM meeting dated 27.03.2022.
Reference:
Ext.A8
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These are the copies of photographs related to the case.
Reference:
Ext.A9
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
This is the original certificate of registration dated 07.10.2025 issued by the District Registrar.
Reference:
Ext.A10
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 Leisure Ville Owners Association vs Mather Projects Private Limited et al regarding Permanent prohibitory injunction
Case Code Year
Case between Leisure Ville Owners Association vs Mather Projects Private Limited et al regarding Permanent prohibitory injunction