Case Summary
The case involves the Palathara Hill View Flat Owner’s Association suing the defendants for unpaid maintenance charges and damages caused to the property. The defendants are accused of refusing to cooperate with the association and causing financial strain on its operations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.95,000/- with interest @6% per annum
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established the case with unchallenged evidence regarding damages caused by the defendants and their refusal to cooperate.
The plaintiff established the case with unchallenged evidence regarding damages caused by the defendants and their refusal to cooperate.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.95,000/- (Rupees Ninety five thousand, only) along with interest @6% per annum from the date of suit till the date of realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Palathara Hill View Flat Owner’s Association (Age not specified years)
Changampuzha Nagar, P O, Kalamassery- 682033
Defendants
Thadius Thomas Mathai @ Thadappan (65 years years)
Door No. XXIX/129, Ground floor, Palathara Hill View Apartments- Ruby, Kalamassery Municipality, Near Hill Valley School, Pulimughal road, Edappally, Thrikkakara North Village, Kanayannur Taluk- Ernakulam, Kerala- 682033.
Marykkutty Thomas (61 years years)
Door No. XXIX/129B, Ground floor, Palathara Hill View Apartments- Ruby, Kalamassery Municipality, Near Hill Valley School, Pulimughal road, Edappally, Thrikkakara North Village, Kanayannur Taluk- Ernakulam, Kerala- 682033.
Stanley Varghese (45 years years)
Flat No. IE, Palathara Hill View Apartments- Ruby, Kalamassery, Municipality, Near Hill Valley School, Pulimughal road, Edappally, Thrikkakara North Village, Kanayannur Taluk- Ernakulam, Kerala- 682033.
Sundar P K (65 years years)
Flat No. 2B, Palathra Hill View Apartments- Ruby, Near Hill Valley School, Pulimughal Road, Edappally, Thrikkakara North Village, Kanayannur Taluk, Ernakulam District- 682033.
Athira Ashish (35 years years)
Flat No. 2E, Palathra Hill View Apartments- Ruby, Near Hill Valley School, Pulimughal Road, Edappally, Thrikkakara North Village, Kanayannur Taluk, Ernakulam District- 682033.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs.95,000/- for damages caused by the defendants.
Evidence:
The plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.95,000/- with interest 6% per annum from the date of suit till the date of realization.
Relief Type:
Other
Outcome:
Granted
Description:
The court orders the defendants to be personally liable for the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was issued as a legal notice to the defendants demanding payment for damages.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts serve as proof of delivery for the legal notice sent to the defendants.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card indicates that the second defendant received the legal notice.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
This report was filed to substantiate the claims regarding property damage.
Reference:
Ext.A4