Case Summary
The plaintiff, M/s Golden Heaven Apartment Owners Welfare Association, is suing the defendants, joint owners of an apartment, for unpaid maintenance charges. The defendants have failed to respond to notices and have incurred arrears totaling Rs. 1,72,018.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.1,72,018/- along with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding amount and associated interests. The defendants were absent during the proceedings.
Why Plaintiff Won:
The plaintiff's oral testimony and exhibits were uncontroverted.
The plaintiff's oral testimony and exhibits were uncontroverted.
Losing Side's Weaknesses:
The plaintiff's oral testimony and exhibits were uncontroverted.
The plaintiff's oral testimony and exhibits were uncontroverted.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. 1. Plaintiff is entitled to realize an amount of Rs.1,72,018/- from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Golden Heaven Apartment Owners Welfare Association
- Relation
- represented by its Secretary, Praneesh Kuriyakose
- Party Role
- Defendant
- Party Name
- Mr. Satheesh Antony
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Ruby Elsa Koshy
- Party Age
- 43
- Relation
- W/o.
Plaintiffs Documents
Memorandum of Association and Bye Laws of plaintiff association, Notice dated 12.01.2024, Notices returned unserved, Email communications, Statement of accounts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Philip T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kalyani G. Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ritheesha Rajkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sneha Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Maria Angel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.1,72,018 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.1,72,018/- (Rupees One Lakh Seventy-Two Thousand and Eighteen Only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at the rate of 12% per annum on the amount due.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.1,72,018 (Rupees One Lakh Seventy-Two Thousand and Eighteen Only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at the rate of 6% per annum on the amount due post-decree.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.1,72,018 (Rupees One Lakh Seventy-Two Thousand and Eighteen Only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be recovered from defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Memorandum of Association and Bye Laws
Submitted By:
Plaintiff
Relevance:
Original document establishing the plaintiff association's governance.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice sent to the defendants demanding payment.
Reference:
Ext.A2 series
Document Type:
Returned Notices
Submitted By:
Plaintiff
Relevance:
Notices that were returned unserved to the defendants.
Reference:
Ext.A3 series
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
Printout of email communications between the plaintiff and defendants.
Reference:
Ext.A4 series
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement detailing the dues owed by the defendants to the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Golden Heaven Apartment Owners Welfare Association vs Mr. Satheesh Antony et al regarding realization of money
Case Code Year
Case between M/s Golden Heaven Apartment Owners Welfare Association vs Mr. Satheesh Antony et al regarding realization of money