Case Summary
Mr. K.K.VINOD, the plaintiff, is the owner of an apartment in SMS Sereniti-II Apartments. He is suing the SMS Sereniti-11 Owners' & Family Association and other defendants for unlawfully forming an association and hindering his enjoyment of basic amenities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction regarding basic amenities.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a possibility of violation of his right to basic amenities through evidence presented.
The plaintiff established a possibility of violation of his right to basic amenities through evidence presented.
Judgment Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents from causing hindrance to the plaintiff or his family in enjoying amenities such as electricity or water in the plaint scheduled apartment.
Parties Involved
Plaintiffs
Mr. K.K.VINOD (51 years years)
4B, SMS Sereniti -II, Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Defendants
SMS Sereniti-11 Owners' & Family Association (Age not specified years)
Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Mr. Jayesh Mathew (42 years years)
3C, SMS Sereniti-II, Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Mr. Nitin Geevarghese (35years years)
3A, SMS Sereniti-II, Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Mr. Pradeep Kumar K.V. (52 years years)
3B, SMS Sereniti-II, Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Mr. Jose Prakash (45 years years)
4A, SMS Sereniti-II, Sub Station Road, South Panampilly Nagar, Kadavanthara P.O., Kochi - 682 020
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that election of SMS Serenity - II Apartment Owners' Association is a legally constituted association.
Evidence:
Hence a declaration as sought for with respect to SMS Serenity – II Apartment Owners’ Association cannot be granted. Issue Number I is found as against the plaintiff.
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the formation of SMS Serenity – II Owners' and Family Association is illegal.
Evidence:
Hence a declaration as sought for as against the SMS Serenity – II Apartment Owners’ and Family Association cannot be granted. Issue Number II is therefore answered as against the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction regarding enjoyment of basic amenities.
Evidence:
Hence I am of the opinion that the plaintiff is entitled to a decree of permanent prohibitory injunction with respect to the enjoyment of his basic amenities at the flat complex, as sought for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Injunction against accepting funds from the public for the SMS Serenity-II Owners and family association.
Evidence:
In light of all these facts, there cannot be an injunction against defendants 1 and 2 regarding the accepting of funds from the public for and on behalf of the SMS Serenity-II Owners and family association as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes plaintiff's ownership and rights in the apartment.
Reference:
Ext.A1
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Documents the meetings related to the formation and management of the association.
Reference:
Ext.A2
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Documents the meetings related to the formation and management of the association.
Reference:
Ext.A3
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Documents the meetings related to the formation and management of the association.
Reference:
Ext.A4
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Documents the meetings related to the formation and management of the association.
Reference:
Ext.A5
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
Documents the meetings related to the formation and management of the association.
Reference:
Ext.A6
Document Type:
Memorandum of Association and By-law
Submitted By:
Plaintiff
Relevance:
Provides context on association governance.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants about the issues regarding the association.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from defendants denying plaintiff's claims.
Reference:
Ext.A9
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents a complaint filed regarding the association's actions.
Reference:
Ext.A12
Document Type:
Letter with Postal Receipts
Submitted By:
Plaintiff
Relevance:
Supports the case with communication evidence.
Reference:
Ext.A14
Document Type:
Track Consignment
Submitted By:
Plaintiff
Relevance:
Documents correspondence related to the case.
Reference:
Ext.A15
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Relevant court order that may affect the case.
Reference:
Ext.A17
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Plaintiff's testimony regarding ownership and experiences with the association.
Reference: