Case Summary
M/s. Infra Housing Private Ltd. filed a petition for an interim injunction against Infra Aspire Owner's Association and individuals claiming obstruction to their maintenance work in an apartment complex. The petitioner alleges that after a settlement regarding a previous ownership dispute, they were denied access to their property by the respondents.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
Judgment Evidence:
In the result, the petition is dismissed. Having considered the facts and circumstances of the case, there is no order to costs.
Parties Involved
Plaintiffs
M/s. Infra Housing Private Ltd. (Age not specified years)
CLS Building, M.G. Road, Ernakulam, Pin-682011
Mr. George E George (62 years years)
Villa No.34, Infra Meadows, CSEZ PO, Kakkanad, Ernakulam, Pin-682037
Defendants
Infra Aspire Owner's Association (Age not specified years)
Infra Aspire, VSNL Road, Kakkanad, Pin-682030
Gibi Varkey (47 years years)
apartment No.7A, Infra Aspire, VSNL Road, Kakkanad, Pin-682030
Kavitha Panchal (40 years years)
apartment No.11 C, Infra Aspire, VSNL Road, Kakkanad, Pin-682030
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought a permanent prohibitory injunction restraining the respondents from causing obstruction to the petitioner and its men from carrying out maintenance work in the apartment.
Evidence:
Hence in the light of above facts and circumstances, Point nos. 1 to 4 are found against of the petitioner and it is answered accordingly.
Documents & Evidence
Document Type:
Compromise Memo
Submitted By:
Plaintiff
Relevance:
True copy of compromise memo dated 29/05/2025 filed before the Consumer State Commission, Kerala in appeal Nos.445/2014 and 125 of 2015.
Reference:
Ext.A1
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
True copy of complaint before the Sub Inspector of Police, Thrikkakara(Infopark) Police Station with the acknowledgment.
Reference:
Ext.A2
Document Type:
Common Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Common Judgment of the Consumer State Commission, Kerala in No.445/2014 and 124 of 2015 with appended compromise memo dated 29/05/2025.
Reference:
Ext.A3