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O.S.No.736/2024

Case between Prasanth Thankappan Sulochana Bai @ Prasanth T S vs Asset Castle Villa Owners Association et al regarding permanent prohibitory injunction

Court
II Additional Munsiff
Judge
Smt. Needi.K. Dinamany
Order Date
2024-09-03
Duration
Case Code No.
736
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
The court dismissed the petition for a temporary prohibitory injunction sought by the petitioner. It found that the petitioners failed to establish a prima facie case and that granting the injunction would cause irreparable harm to the respondents.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary prohibitory injunction sought by the petitioner. It found that the petitioners failed to establish a prima facie case and that granting the injunction would cause irreparable harm to the respondents.
Key Reasoning:
The petitioner failed to prove a prima facie case, and there was no evidence of obstruction caused by the defendants.
Why Defendant Won:
The petitioner failed to prove a prima facie case, and there was no evidence of obstruction caused by the defendants.
Supporting 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.

Judgment Evidence:

Accordingly, I find no merit in the above petition. The petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Prasanth Thankappan Sulochana Bai @ Prasanth T S
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Asset Castle Villa Owners Association
Relation
represented by its President Sreejith S Nair
Party Role
Defendant
Party Name
Sreejith S Nair
Party Age
42
Party Role
Defendant
Party Name
Reni Renji
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
Anil Kumar Mohanan Nair
Party Age
50
Party Role
Defendant
Party Name
Akilesh Sadasivan
Party Age
42
Plaintiffs Documents
Copy of Sale deed no. 70/I/2021, Copy of Bye Law of Asset Castle Villa Owners Association, Copy of complaint along with photographs of illegal parking.
Defendants Documents
Copy of email sent by Smt. Anupama Mahesh, Copy of minutes of meeting of the respondent Association.

Advocates

Party Role
Plaintiff
Advocate Name
Sanish. C.R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Reji George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Naseer Moidu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Saisankar.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mohamed Rayyan Ali
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joseph Raju Mathews
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
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
75%

Involved Entities

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