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O.S.No. 762 /2024

Case between Park View Apartment Owners Welfare Association et al vs Anita James, Corporation of Cochin regarding temporary injunction.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-23
Duration
Case Code No.
762
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Park View Apartment Owners Welfare Association and its Treasurer are seeking a temporary injunction against Anita James and the Corporation of Cochin. They allege that Anita James has been unlawfully altering the common areas of their apartment building.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for a temporary injunction was allowed restraining Anita James from making any alterations to the common areas of the apartment complex until further orders.
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted to restrain Anita James from undertaking any construction/demolition/changes in the common areas.
Case Type
Injunction
Final Judgment
No
The petition for a temporary injunction was allowed restraining Anita James from making any alterations to the common areas of the apartment complex until further orders.
Why Plaintiff Won:
The petitioners established a prima facie case and the balance of convenience was in their favor.
Losing Side's Weaknesses:
The petitioners established a prima facie case and the balance of convenience was in their favor.
Supporting Evidence
The court is satisfied that the petitioners have established a prima facie case, also balance of convenience is in favour of plaintiff and irreparable injury will be caused if injunction is not granted in her favour.

Judgment Evidence:

In the result, Petition is allowed. 1) 1st Respondent is restrained by a temporary injunction from undertaking any construction/demolition/changes in any of the common areas, atrium, utility pipes in the atrium, floor-ceiling, facade, front elevation, outer walls and other amenities of the petitioners which is not exclusively owned by 1st respondent until further orders.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Park View Apartment Owners Welfare Association
Relation
represented by
Party Role
Plaintiff
Party Name
Nilima Khanolkar
Party Age
74
Relation
W/o Late Mahesh V Khanolkar
Party Role
Defendant
Party Name
Anita James
Relation
W/o James
Party Role
Defendant
Party Name
Corporation of Cochin
Relation
represented by
Plaintiffs Documents
Copy of association registration certificate, Print out of Whatsapp message issued to the defendant, Notice issued to the defendant by the plaintiff association, Copy of complaint filed before Kochi City Commissioner of Police by the plaintiff association, Copy of complaint filed before the SHO Central Police Station, Ernakulam.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Marian G M Tharakan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A Balagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A Rajagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M N Manmadan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sojo J Kallidukkil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amal A R
Appearance Type
Main Counsel

Reliefs

Relief Type: Temporary Injunction
Outcome: Granted
Description:
Temporary injunction restraining the 1st respondent from undertaking any construction/demolition/changes in any of the common areas.
Evidence:
An order is liable to be passed in favour of the petitioner.

Documents & Evidence

Document Type: Copy of association registration certificate
Submitted By: Plaintiff
Relevance:
This document establishes the legal existence of the plaintiff association.
Reference:
Ext.A1
Document Type: Print out of Whatsapp message issued to the defendant
Submitted By: Plaintiff
Relevance:
This message served as a warning to the defendant regarding the ongoing violations.
Reference:
Ext.A2
Document Type: Notice issued to the defendant by the plaintiff association
Submitted By: Plaintiff
Relevance:
This notice formally directed the defendant to cease construction activities.
Reference:
Ext.A3
Document Type: Reply letter issued by the defendant
Submitted By: Defendant
Relevance:
This document contains the defendant's response to the allegations made by the plaintiffs.
Reference:
Ext.A4
Document Type: Copy of complaint filed before Kochi City Commissioner of Police by the plaintiff association
Submitted By: Plaintiff
Relevance:
This complaint illustrates the plaintiffs' efforts to address the violations through legal channels.
Reference:
Ext.A5
Document Type: Copy of complaint filed before the SHO Central Police Station, Ernakulam
Submitted By: Plaintiff
Relevance:
This document is another instance of the plaintiffs seeking police intervention.
Reference:
Ext.A6
Document Type: Printout of Photographs
Submitted By: Plaintiff
Relevance:
These photographs were used to support the plaintiffs' claims regarding the violations.
Reference:
Ext.A7
Document Type: Copy of complaint to the Secretary, Corporation of Cochin
Submitted By: Plaintiff
Relevance:
This complaint further establishes the plaintiffs' contention about building rule violations.
Reference:
Ext.A8
Document Type: Copy of Floor plan of apartments from 5th to 11th Floors
Submitted By: Plaintiff
Relevance:
This floor plan is relevant for understanding the layout and boundaries of the apartments.
Reference:
Ext.A9
Document Type: Copy of notice no. CER 12/039115/17 issued from Corporation of Cochin
Submitted By: Plaintiff
Relevance:
This notice from the Corporation adds context to the regulatory framework applicable to the case.
Reference:
Ext.A10
Document Type: Copy of Order of Corporation of Cochin
Submitted By: Plaintiff
Relevance:
This order from the Corporation is pertinent to the ongoing disputes and allegations.
Reference:
Ext.A11
Document Type: Commission Report filed by Advocate Riyan Augustine Shaji
Submitted By: Court
Relevance:
This report provided the court with expert insights into the case.
Reference:
Ext.C1

Case Classification

Case Type
Injunction
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of lease conditions
Case Code
O.S.NO.
Case Code Year
2024

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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