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O.S. No.466/2023

Case between Palathara Hill View Flat Owner’s Association vs Thadius Thomas Mathai et al regarding realization of money.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-01-28
Duration
approximately-4 years 8 months
Case Closed
Tue, 01/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed that the defendants must pay the plaintiff Rs.95,000/- along with interest at 6% per annum from the date of the suit until realization. The defendants are also personally liable for the decree debt.
Judgment Favored
Plaintiff
Relief Granted
Rs.95,000/- with interest @6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff Rs.95,000/- along with interest at 6% per annum from the date of the suit until realization. The defendants are also personally liable for the decree debt.
Why Plaintiff Won:
The plaintiff established the case with unchallenged evidence regarding damages caused by the defendants and their refusal to cooperate.
Losing Side's Weaknesses:
The plaintiff established the case with unchallenged evidence regarding damages caused by the defendants and their refusal to cooperate.
Supporting Evidence
Moreover the defendants have not adduced any evidence to disprove the case of plaintiff. On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.

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

Parties

Party Role
Plaintiff
Party Name
Palathara Hill View Flat Owner’s Association
Party Role
Defendant
Party Name
Thadius Thomas Mathai @ Thadappan
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Marykkutty Thomas
Party Age
61
Relation
W/o
Party Role
Defendant
Party Name
Stanley Varghese
Party Age
45
Party Role
Defendant
Party Name
Sundar P K
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Athira Ashish
Party Age
35
Relation
D/o
Plaintiffs Documents
Copy of Lawyer notice dated 19.04.2023, Postal receipts dated 24.04.2023, Returned postal acknowledgment card signed by Defendant 2, Returned postal covers with acknowledgment.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sebin Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Amith K S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sain Paul Alunkal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P R Shibu
Appearance Type
Assisting Counsel

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

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Palathara Hill View Flat Owner’s Association vs Thadius Thomas Mathai et al regarding realization of money.
Case Code Year
Case between Palathara Hill View Flat Owner’s Association vs Thadius Thomas Mathai et al regarding realization of money.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 01/18/2025 - 12:00
Case Closed
Tue, 01/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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