Case Summary
M/s. Galaxy Homes Pvt. Ltd has filed a petition seeking a temporary prohibitory injunction against the Cloud Space Owners Association and individuals for obstructing the completion of unfinished apartments in their project. The dispute involves claims of delays and obstructions affecting the project’s completion.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction restraining the respondents from obstructing the petitioner’s access to complete the works.
Case Type
Civil Suit
Final Judgment
No
The Court ruled in favor of the petitioner, allowing them to carry out completion activities for finishing works in specified apartments while restraining the respondents from obstructing their access.
Why Plaintiff Won:
The petitioner established a prima facie case warranting interference against unlawful obstruction.
The petitioner established a prima facie case warranting interference against unlawful obstruction.
Losing Side's Weaknesses:
The petitioner established a prima facie case warranting interference against unlawful obstruction.
The petitioner established a prima facie case warranting interference against unlawful obstruction.
Supporting Evidence
The delay in completion was sufficiently explained due to reasons not entirely attributable to the petitioner, including late design approvals and global events.
Judgment Evidence:
The petition is allowed in part; the respondents are restrained from obstructing the petitioner and its employees from entering the plaint schedule property for the limited purpose of carrying out completion of interior works.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Galaxy Homes Pvt. Ltd
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Cloud Space Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jose Titus
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj Shekharan
Plaintiffs Documents
Brochure of the apartment Project 'Galaxy Cloud Space', Completion and Occupancy Certificates.
Defendants Documents
Association Registration Certificate, Bye laws of Cloud space owner's association.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A. Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Wahab
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldhocherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cyaric Tom
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Naveen A. Varkey
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hari P. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vimal Dev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Giffin Shalon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Injunction restraining the respondents from obstructing the petitioner’s access to the plaint schedule property.
Evidence:
The respondents and their men are restrained by an order of temporary injunction from obstructing the petitioner and its employees, or contractors from entering the plaint schedule property for the limited purpose of carrying out completion of interior works in the 16 identified apartments.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Mandatory injunction directing the respondents to remove defamatory posters.
Evidence:
A mandatory injunction in that aspect is to be considered and allowed.
Documents & Evidence
Document Type:
Brochure
Submitted By:
Plaintiff
Relevance:
Used to represent the apartment project 'Galaxy Cloud Space'.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges completion of Flat No.A05 in the plaint schedule property along with final bill.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges completion of Flat No.B2 in the plaint schedule property along with final bill.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges completion of Flat No.E14 in the plaint schedule property along with final bill.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Acknowledges completion of Flat No.G12 in the plaint schedule property along with final bill.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Contains photographs of defamatory allegations against the plaintiff.
Reference:
Ext.A6
Document Type:
Occupancy Certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of occupancy for the plaint schedule property.
Reference:
Ext.A7
Document Type:
Occupancy Certificate
Submitted By:
Plaintiff
Relevance:
Provides another proof of occupancy for the plaint schedule property.
Reference:
Ext.A8
Document Type:
Association Registration Certificate
Submitted By:
Defendant
Relevance:
Demonstrates the registration of the first respondent association.
Reference:
Ext.B1
Document Type:
Bye Laws
Submitted By:
Defendant
Relevance:
Outlines the regulations governing the Cloud space owner's association.
Reference:
Ext.B2
Document Type:
High Court Order
Submitted By:
Defendant
Relevance:
Contains a relevant order from the High Court concerning the case.
Reference:
Ext.B3
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Reports a complaint filed with K-RERA against the petitioner.
Reference:
Ext.B4
Document Type:
Interim Order
Submitted By:
Defendant
Relevance:
Contains an interim order from K-RERA related to the petitioner.
Reference:
Ext.B5
Document Type:
Interim Order
Submitted By:
Defendant
Relevance:
Another interim order from K-RERA concerning the petitioner.
Reference:
Ext.B6
Document Type:
Penalty Notice
Submitted By:
Defendant
Relevance:
Notice issued regarding penalties against the petitioner.
Reference:
Ext.B7
Document Type:
Water Bill
Submitted By:
Defendant
Relevance:
Detailing of outstanding water dues from the petitioner.
Reference:
Ext.B8
Document Type:
Police Complaint
Submitted By:
Defendant
Relevance:
Documents a police complaint concerning the situation.
Reference:
Ext.B9
Document Type:
Maintenance Dues
Submitted By:
Defendant
Relevance:
Outlines long pending maintenance dues from the petitioner.
Reference:
Ext.B10
Document Type:
K-RERA Order
Submitted By:
Defendant
Relevance:
Order from K-RERA in execution petitions against the petitioner.
Reference:
Ext.B11
Document Type:
K-RERA Order
Submitted By:
Defendant
Relevance:
Another K-RERA order relevant to the case.
Reference:
Ext.B12
Document Type:
Revenue Recovery Cases
Submitted By:
Defendant
Relevance:
Details of revenue recovery cases involving the petitioner.
Reference:
Ext.B13
Document Type:
Form
Submitted By:
Defendant
Relevance:
Form issued by the state public information officer regarding the case.
Reference:
Ext.B14
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s. Galaxy Homes Pvt. Ltd vs Cloud Space Owners Association et al regarding temporary prohibitory injunction
Case Code Year
Case between M/s. Galaxy Homes Pvt. Ltd vs Cloud Space Owners Association et al regarding temporary prohibitory injunction