Case Summary
The plaintiffs, who are owners of an apartment called Kadavill Court, filed a suit against the president and secretary of the Kadavill Court Owners Association. The suit challenges the defendants' arbitrary rules regarding car parking for the apartment owners.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit could not proceed as the essential party, the Kadavill Court Owners Association, was not included.
The suit could not proceed as the essential party, the Kadavill Court Owners Association, was not included.
Judgment Evidence:
In the result, suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
Mr. M.J Mathew (58 years years)
Apt. No. 2-A, KADAVIL COURT, Ernakulam, Ernakulam Village, Kanayannoor Taluk – 682 018
Mr. Raveendran (46 years years)
Apt. No. 5-A, KADAVIL COURT, Ernakulam, Ernakulam Village, Kanayannoor Taluk – 682 018
Mrs. Seena Jose (44 years years)
Apt. No. 7B, KADAVIL COURT, Ernakulam, Ernakulam Village, Kanayannoor Taluk – 682 018
Defendants
President, KADAVIL COURT Owners Association (Age not specified years)
Arangath cross road, Ernakulam – 682 018
Secretary, KADAVIL COURT Owners Association (Age not specified years)
cross road, Ernakulam – 682 018
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
A declaration that notice dated 04.01.19 issued by the defendants is null and void.
Evidence:
I am of the opinion that the suit cannot be decreed in favour of the plaintiff as sought for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To pass a decree of Permanent prohibitory injunction restraining the defendants from obstructing peaceful possession.
Evidence:
I am of the opinion that the suit cannot be decreed in favour of the plaintiff as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 2887/2010 marked subject to proof.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property Tax Receipt marked subject to proof.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt marked subject to proof.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter marked subject to proof.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of the Sale Deed No. 905/2018 marked subject to proof.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by DCB Bank marked subject to proof.
Reference:
Ext.A6
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of Property Tax Receipt marked subject to proof.
Reference:
Ext.A7
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property Tax Receipt.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of Notice issued by Kadavil Court Apartment Owners Association marked subject to proof.
Reference:
Ext.A9