Case Summary
The case involves the Mystic Heights 1 Apartment Owners Association as the plaintiff against multiple defendants including Shwas Homes Private Limited and various associated apartment owners associations. The suit was dismissed due to the absence of necessary parties D6 and D7.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The judgment resulted in the dismissal of the suit due to the failure to include necessary parties D6 and D7, making the suit not maintainable.
Key Reasoning:
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
Why Defendant Won:
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
Supporting Evidence
The suit is not maintainable and is dismissed.
Judgment Evidence:
As suit has been dismissed as against D6 and D7, who are necessary parties to the suit as early as on 10.10.2024, the suit is not maintainable and is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MH-10A- Mystic Heights 1 Apartment Owners Association
- Party Role
- Defendant
- Party Name
- Shwas Homes Private Limited
- Party Age
- 51
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mystic Heights 2 Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mystic Heights 3 Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mystic Heights 4 Apartment Owners Association
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. P Haris
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M Shyju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Balu Aravind
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kiran C. Vinoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jesto Paula
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Yahya C.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shemi Kelampadikkal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Baiju Louis Mooken
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abraham David
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sohailahammed Harris P. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. M Mohamed Ayub
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. P Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhya S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kottakkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Varghese M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepak S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Johnson Gomez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanjay Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Gomez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun Johny
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abin Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deebu R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
Suit dismissed as it is not maintainable.
Evidence:
As suit has been dismissed as against D6 and D7, who are necessary parties to the suit as early as on 10.10.2024, the suit is not maintainable and is dismissed.
Documents & Evidence
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 MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit
Case Code Year
Case between MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit