Case Summary
The plaintiffs, Mr. Babu Balakrishna Menon and Mrs. Anila Babu, are seeking a permanent prohibitory injunction against the defendants, who are the association of owners of Star Paradise apartments, along with its president and secretary. The case revolves around the defendants obstructing the plaintiffs from carrying out repair works on their apartment in Dubai.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from obstructing enjoyment of the property and from carrying out repairs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs have the right to enjoy their property as rightful owners against unjust obstruction.
Plaintiffs have the right to enjoy their property as rightful owners against unjust obstruction.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from obstructing the enjoyment of plaint schedule property by plaintiffs and from carrying out repairs and maintenance therein.
Parties Involved
Plaintiffs
Mr. Babu Balakrishna Menon @ Babu (47 years)
Royal and Sun Alliance (M.E)BSC ©P.O. Box No. 28648, 601 office court building, 6th floor, Oudh Metha Road, Near Oudh Metha Metro Station, Opposite Rashid Hospital, U.A.E
Mrs. Anila Babu (40 years)
Royal and Sun Alliance (M.E)BSC ©P.O. Box No. 28648, 601 office court building, 6th floor, Oudh Metha Road, Near Oudh Metha Metro Station, Opposite Rashid Hospital, U.A.E
Defendants
M/s. Star Paradise Apartment Owner’s Association (Age not specified years)
Star Paradise, Cheruparambath Road, Kadavanthra, Elamkulam Village, Kochi – 682 020
Mr. Martin George (Age not specified years)
Star Paradise, Cheruparambath Road, Kadavanthra, Elamkulam Village, Kochi – 682 020
Mrs. Jaya Eipe (Age not specified years)
Star Paradise, Cheruparambath Road, Kadavanthra, Elamkulam Village, Kochi – 682 020
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the enjoyment of plaint schedule property by plaintiffs.
Evidence:
Accordingly, I am satisfied that plaintiffs are entitled for a prohibitory injunction as sought for.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to pay the cost of the suit to plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that plaintiffs are the owners of the plaint schedule apartment.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes representation of plaintiffs in the court.
Reference:
Ext.A2
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
Demonstrates the bye-laws and authority of the association regarding maintenance.
Reference:
Ext.B1