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
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.
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
Plaintiffs
Leisure Ville Owners Association (Age not specified years)
Club House, Leisure Ville, Rajagiri Valley Post, Kochi-682039
Defendants
Mather Projects Private Limited (Age not specified years)
Kodiyattu Chambers, Rajaji Road, Ernakulam, Kochi-682035
Mather Projects (Age not specified years)
Kodiyattu Chambers, Rajaji Road, Ernakulam, Kochi-682035
Dileep Ebrahim (47 years)
Parappallil villa, Karuvatta North P-O Alappuzha-690 517
Prakash Bare (57 years)
Villa No: 183, Adarsh palem Retreat, Neat Intel Gate Marathahalli, Outer Ring Road, Bangalore 560 037
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