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
The suit was dismissed as the Kadavill Court Owners Association was not made a party in the case, which was deemed essential. The plaintiffs were seeking relief for all owners of the apartment without complying with procedural requirements.
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.
Why Defendant Won:
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.
Supporting Evidence
However, it is seen from the records that the Kadavill Court Owners Association as such is not a made a party to the suit and the said association is not issued with summons in the case at hand.
Judgment Evidence:
In the result, suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. M.J Mathew
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr. Raveendran
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Seena Jose
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- President, KADAVIL COURT Owners Association
- Party Role
- Defendant
- Party Name
- Secretary, KADAVIL COURT Owners Association
Plaintiffs Documents
Copy of Sale Deed No. 2887/2010, Property Tax Receipt, Land Tax Receipt, Letter, Copy of the Sale Deed No. 905/2018, Letter issued by DCB Bank, Copy of Property Tax Receipt, Property Tax Receipt, Copy of Notice issued by Kadavil Court Apartment Owners Association.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Georgie Simon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Chandy Vavachan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abu Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aju Mathew
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of lease conditions
Case Code
Case between Mr. M.J Mathew et al vs President, Kadavill Court Owners Association regarding declaration and consequential injunction
Case Code Year
Case between Mr. M.J Mathew et al vs President, Kadavill Court Owners Association regarding declaration and consequential injunction