Case Summary
The case involves Pradeep K seeking a permanent prohibitory injunction against Nila Homes (P) Ltd. and its directors regarding an unfinished apartment. Pradeep alleges that after purchasing the apartment, the defendants failed to complete the construction and are attempting to sell the property to third parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against selling the apartment and costs to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants, restraining them from selling the apartment to anyone other than the plaintiff. The defendants were also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff established his case through unchallenged evidence.
The plaintiff established his case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged evidence.
The plaintiff established his case through unchallenged evidence.
Supporting Evidence
Further on perusal of the proof affidavit and documents produced, which remain unchallenged, I am satisfied that plaintiff has established his case in his favour for the grant of an order of prohibitory injunction.
Judgment Evidence:
In the result, suit is decreed partly on the following terms. Defendants are restrained by a permanent prohibitory injunction not to alienate the ear marked 3B apartment in the third floor of 'Nila Sarovaram Apartment' to any person other than the plaintiff and not to interfere the peaceful use and occupation of 3B apartment by plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep K
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nila Homes (P) Ltd.
- Relation
- represented by its Directors
- Party Role
- Defendant
- Party Name
- Satheesh S Menon
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Srisudha U K
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Composite agreement entered between the plaintiff and defendants dated 11.12.2017, Agreement entered by the 1st defendant company with defendants 4 to 6 dated 02.01.2017, Demand notice issued by Tata Capital Housing Finance Limited to the plaintiff, Statement of account maintained by Tata Capital Housing Finance Limited in the name of plaintiff, Photographs of the apartment occupied by the plaintiff, Certified copy of Sale deed No. 1595/2021 dated 31.08.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K B Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K C Bineesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- B Raghunandan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Biju Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajmohan C V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction not to alienate the earmarked 3B apartment to any other person and not to interfere with the plaintiff's use.
Evidence:
Defendants are restrained by a permanent prohibitory injunction not to alienate the earmarked 3B apartment in the third floor of 'Nila Sarovaram Apartment' to any person other than the plaintiff and not to interfere the peaceful use and occupation of 3B apartment by plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Composite Agreement
Submitted By:
Plaintiff
Relevance:
Shows the agreement entered between the plaintiff and defendants dated 11.12.2017.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of agreement entered by the 1st defendant company with 4th to 6th defendants dated 02.01.2017.
Reference:
Ext.A2
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice issued by Tata Capital Housing Finance Limited to plaintiff.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of account maintained by Tata Capital Housing Finance Limited in the name of plaintiff.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs of the apartment occupied by the plaintiff.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No.1595/2021 dated 31.08.2021.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report showing the lie and nature of the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Pradeep K vs Nila Homes (P) Ltd. et al regarding permanent prohibitory injunction.
Case Code Year
Case between Pradeep K vs Nila Homes (P) Ltd. et al regarding permanent prohibitory injunction.