Case Summary
The petitioner, Prasanth Thankappan Sulochana Bai, seeks a permanent prohibitory injunction against the defendants preventing them from parking vehicles in the common areas of Asset Castle Villa. The respondents argue that the petitioner is raising complaints without any previous objections in community meetings and that their actions do not cause obstruction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioner failed to prove a prima facie case, and there was no evidence of obstruction caused by the defendants.
The petitioner failed to prove a prima facie case, and there was no evidence of obstruction caused by the defendants.
Judgment Evidence:
Accordingly, I find no merit in the above petition. The petition is dismissed.
Parties Involved
Plaintiffs
Prasanth Thankappan Sulochana Bai @ Prasanth T S (44 years)
Asset Castle Villa No.7, Eruvely, Chottanikkara, Ernakulam, Pin-682312
Defendants
Asset Castle Villa Owners Association (Age not specified years)
Asset Castle Villa, Chottanikkara P O, Ernakulam District, Pin-682312
Sreejith S Nair (42 years)
Villa No.3, Asset Castle, Chottanikkara, Ernakulam, Pin-682312
Reni Renji (48 years)
Villa No. 9, Asset Castle, Chottanikkara, Ernakulam, Pin-682312
Anil Kumar Mohanan Nair (50 years)
Villa No.15, Asset Castle, Chottanikkara, Ernakulam, Pin-682312
Akilesh Sadasivan (42 years)
Villa No.14, Asset Castle, Chottanikkara, Ernakulam, Pin-682312
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for a temporary prohibitory injunction restraining defendants from parking vehicles in plaint B schedule property.
Evidence:
On appreciating the facts and circumstances of the case, this court is satisfied that plaintiffs have not established a prima facie case for the relief of temporary injunction.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed no. 70/I/2021 of SRO, Mulanthuruthy.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed no. 87/I/2021 of SRO, Mulathuruthy.
Reference:
Ext.A2
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
Copy of Bye Law of Asset Castle Villa Owners Association.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint along with photographs of illegal parking.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of 2nd complaint.
Reference:
Ext.A5
Document Type:
WhatsApp and Email Communications
Submitted By:
Plaintiff
Relevance:
True copies of screen shots of whatsApp and e-mail communications.
Reference:
Ext.A6
Document Type:
Site Layout
Submitted By:
Plaintiff
Relevance:
Copy of site layout of Asset Castle Villa.
Reference:
Ext.A7
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Printout of photographs showing illegal parking in the plaint B- Schedule property.
Reference:
Ext.A8
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Smt. Anupama Mahesh.
Reference:
Ext.B1
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 6th defendant.
Reference:
Ext.B2
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 3rd defendant.
Reference:
Ext.B3
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Smt. Praseetha Anil.
Reference:
Ext.B4
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Copy of minutes of meeting of the respondent Association.
Reference:
Ext.B5
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Copy of minutes of meeting of the respondent Association.
Reference:
Ext.B6
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Copy of minutes of meeting of the respondent Association.
Reference:
Ext.B7
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Mr. Mahesh.M.K.
Reference:
Ext.B8
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Mr. Nidhin Chandran.
Reference:
Ext.B9
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 4th defendant.
Reference:
Ext.B10
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 2nd defendant.
Reference:
Ext.B11
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 7th defendant.
Reference:
Ext.B12
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Mr. Pradeep B.
Reference:
Ext.B13
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 5th defendant.
Reference:
Ext.B14
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Mr. Raj Nair.
Reference:
Ext.B15
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by Mr. Rajesh Janardhanan.
Reference:
Ext.B16
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
Copy of minutes of meeting of the respondent Association.
Reference:
Ext.B17
Document Type:
Email
Submitted By:
Defendant
Relevance:
Copy of email sent by 1st defendant.
Reference:
Ext.B18
Document Type:
Key Plan
Submitted By:
Defendant
Relevance:
Key plan of Asset Castle Villa Project.
Reference:
Ext.B19
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Laiju Nissa.M.M.
Reference:
Ext.C1