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O.S No. 118/2019

Case between Mr. M.J Mathew et al vs President, Kadavill Court Owners Association regarding declaration and consequential injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-17
Duration
Case Closed
Sat, 08/17/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/04/2019 - 12:00
Case Closed
Sat, 08/17/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

Apartment Association

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