Case Summary
The case involves the New Town Heights Owners Welfare Society seeking a permanent prohibitory injunction against DLF Southern Towns Pvt. Ltd. and others regarding the exclusive use of an internal road within the apartment complex. The plaintiff claims that the defendants are attempting to convert the internal road into a public pathway, violating assurances made to the apartment owners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction granted against trespassing and conversion of the internal road to public access.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff had a prima facie case supported by evidence indicating the internal road was private and disputes were raised regarding its public use.
The court found that the plaintiff had a prima facie case supported by evidence indicating the internal road was private and disputes were raised regarding its public use.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant No. 7 and 8 and their agents are restrained from trespassing into plaint E schedule internal road ... 2) Defendants 1 to 6 are restrained from converting plaint E schedule internal road into a public road ...
Parties Involved
Plaintiffs
New Town Heights, Kakkanad Condominium, Owners Welfare Society (Age not specified years)
New Town Heights (DLF), Sea Port Airport road, CSEZ P.O, Kakkanad - 682 037
Defendants
M/s DLF Southern Towns Pvt. Ltd. (Age not specified years)
1E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi - 110 055
M/s DLF Southern Towns Pvt Ltd. (Age not specified years)
Opp. Doordarshan Kendra, Sea Port Airport road, Kakkanad, Kochi - 682 037
M/s Calista Real Estate Pvt Ltd. (Age not specified years)
1E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi - 110 055
M/s Hestia realtors Pvt Ltd (Age not specified years)
1E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi - 110 055
M/s Amon Estate Pvt Ltd. (Age not specified years)
1E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi - 110 055
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant No. 7 and 8 and their agents are restrained from trespassing into plaint E schedule internal road and demolishing any portion of the wall or structures.
Evidence:
Accordingly, the point is found in favour of the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants 1 to 6 are restrained from converting plaint E schedule internal road into a public road.
Evidence:
Accordingly, the point is found in favour of the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled for costs of the litigation.
Evidence:
Hence, the issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 1428/16 of SRO Trikkakkara.
Reference:
Ext.A1
Document Type:
Kacheet
Submitted By:
Plaintiff
Relevance:
Copy of the Kacheet.
Reference:
Ext.A2
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Copy of the FIR in Crime no. 591/18 registered by the Infopark Police Station.
Reference:
Ext.A3
Document Type:
Municipality Reply
Submitted By:
Plaintiff
Relevance:
Copy of the reply letter issued by the Secretary, Thrikkakkara Municipality.
Reference:
Ext.A4
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by the plaintiff Society.
Reference:
Ext.A5
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Certificate of Registration of Societies.
Reference:
Ext.A6
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
Memorandum of Association of the plaintiff society.
Reference:
Ext.A7
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
Bye-law of the plaintiff society.
Reference:
Ext.A8
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Copy of the Final Report submitted by the Infopark Police Station before the Hon'ble JFCM, Court, Kakkanad.
Reference:
Ext.A9
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
Executive committee meeting Minutes Book from 11/09/15 to 27/04/23.
Reference:
Ext.A10
Document Type:
Minutes
Submitted By:
Plaintiff
Relevance:
Minutes of the 1st meeting of the New executive committee of the Plaintiff society.
Reference:
Ext.A10(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. R.Rajesh.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence from PW1 and PW2.
Reference: