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O.S. No.714/2023

Case between M/s Heera Life Style Apartment Owners Association vs Kamala Devi regarding realization of money

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-03-15
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, an association of apartment owners, is suing the defendant for her share of maintenance charges and contributions towards the completion of construction. The defendant has defaulted on payments despite being aware of her liabilities.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed that the defendant must pay Rs.4,68,520 along with interest to the plaintiff for pending maintenance charges. Additionally, the defendant's assets are also liable to satisfy the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,520 along with interest at rates specified.
Case Type
Civil Suit
Final Judgment
No
The court has decreed that the defendant must pay Rs.4,68,520 along with interest to the plaintiff for pending maintenance charges. Additionally, the defendant's assets are also liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established a case based on the default in payment by the defendant and the agreement within the association for shared costs.
Losing Side's Weaknesses:
The plaintiff established a case based on the default in payment by the defendant and the agreement within the association for shared costs.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.4,68,520 with interest from defendant.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520 along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization. 2) Defendant shall be personally liable and her assets shall also be liable to satisfy the decree debt.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s Heera Life Style Apartment Owners Association
Party Role
Defendant
Party Name
Kamala Devi
Party Age
87
Relation
W/o
Plaintiffs Documents
Photocopy of certificate of Registration, Memorandum of Association and Bye Laws, Office copy of lawyer notice, Notice returned unclaimed, Certified copy of statement of account.
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 Subha Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amala Purushothaman
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kallyani.G. Menon
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sapna Shaji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Urmila.M.G
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Salwa.T. Muhammed
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Thahseem.M
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendant shall pay Rs.4,68,520 along with interest.
Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,68,520 (Rupees Four lakhs sixty eight thousand five hundred and twenty only) along with interest @12% per annum from the date of suit till the date of decree and @ 6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Relief Type: Other
Outcome: Granted
Description:
Defendant shall be personally liable for the decree debt.
Evidence:
2) Defendant shall be personally and her assets shall also be liable to satisfy the decree debt.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
3) Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Various documents
Submitted By: Plaintiff
Relevance:
Documents supporting the plaintiff's claim for arrears and construction costs.
Reference:
Exts.A1 to A5

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M/s Heera Life Style Apartment Owners Association vs Kamala Devi regarding realization of money
Case Code Year
Case between M/s Heera Life Style Apartment Owners Association vs Kamala Devi regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 08/30/2022 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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