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
The court decreed the suit in favor of the plaintiffs by restraining the defendants from obstructing the enjoyment of the plaintiffs' apartment and from carrying out repairs in it. Additionally, the defendants were directed to pay the costs of the suit.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiffs are entitled for a prohibitory injunction as sought for. The decision of general body dated 12.12.2015 hampers the right of plaintiffs to their property.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Babu Balakrishna Menon @ Babu
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Anila Babu
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Star Paradise Apartment Owner’s Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Martin George
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mrs. Jaya Eipe
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Sale Deed No. 867/2006 of SRO, Ernakulam, Original Power of Attorney
Defendants Documents
Copy of Memorandum of Association of D1
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreelal Warrier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biju Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreekala.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Philip.T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas.T.Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Denny Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Padmakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Subha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheeba.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju Panicker
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Mr. Babu Balakrishna Menon @ Babu, Mrs. Anila Babu vs M/s. Star Paradise Apartment Owner’s Association et al regarding permanent prohibitory injunction
Case Code Year
Case between Mr. Babu Balakrishna Menon @ Babu, Mrs. Anila Babu vs M/s. Star Paradise Apartment Owner’s Association et al regarding permanent prohibitory injunction