Case Summary
The plaintiffs are a family residing in an apartment who filed a suit against an apartment owners association and its managing committee for illegally demanding money for maintenance. They seek an injunction to prevent the enforcement of this demand.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from taking actions proposed by notice dated 16.08.2024.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of permanent prohibitory injunction is passed restraining the defendants from initiating any actions proposed by notice dated 16.08.2024.
Parties Involved
Plaintiffs
Mr. Suresh Kumar G (65 years)
8D, Skyline Eminence, Raghavan Pillai Road, Edappally P.O, Ernakulam-682024
Mrs. Uma Suresh (57 years)
8D, Skyline Eminence, Raghavan Pillai Road, Edappally P.O, Ernakulam-682024
Mrs. Reshma Suresh (33 years)
8D, Skyline Eminence, Raghavan Pillai Road, Edappally P.O, Ernakulam-682024
Defendants
Skyline Eminence Apartment Owners Association (SEAOA) (Age not specified years)
Skyline Eminence, Raghavan Pillai Road, Edappally P. O., Ernakulam-682024
The Managing Committee, Skyline Eminence Apartment Owners Association (SEAOA) (Age not specified years)
Skyline Eminence, Raghavan Pillai Road, Edappally P.O., Ernakulam-682024
Shamsudheen (Age not specified years)
10D, Skyline Eminence, Raghavan Pillai Road, Edappally P.O., Ernakulam-682024
Padmakumar (Age not specified years)
5D, Skyline Eminence, Raghavan Pillai Road, Edappally P.O., Ernakulam-682024
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from actions proposed by notice dated 16.08.2024.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants from initiating any actions proposed by notice dated 16.08.2024.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against interference in peaceful habitation.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from causing interference in the peaceful habitation including disconnection of electricity, restraining access to any common amenities, collection of garbage, or from doing any act detrimental to the interest of the plaintiffs, in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishing ownership of the property.
Reference:
Ext.A1
Document Type:
Payment Screenshot
Submitted By:
Plaintiff
Relevance:
Printout of screenshot of payment made in favor of the first defendant, supporting the plaintiffs' claim.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Printout of notice dated 16.08.2024, which the plaintiffs seek to contest.
Reference:
Ext.A4