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
Why Plaintiff Won:
The plaintiff established his case through unchallenged evidence.
The plaintiff established his case through unchallenged evidence.
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
Plaintiffs
Pradeep K (51 years)
Kalladan House, Sahakarana Road, Edappally P O, Cochin- 682024
Defendants
Nila Homes (P) Ltd. (Age not specified years)
28/205-A Edapattom Veettil, Indira Gandhi Road, Padannayyil Junction, Tripunithura, Pin- 682301
Satheesh S Menon (57 years)
NNRA-54 Lane 7, Nethaji Nagar, Edappally North P O, Ernakulam, Pin- 682024
Srisudha U K (47 years)
NNRA-54 Lane 7, Nethaji Nagar, Edappally North P O, Ernakulam, Pin- 682024
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