Case Summary
Radhakrishnan K N, the petitioner and 5th defendant, seeks to restrain the first four defendants from denying common facilities provided to him. The petitioner contested against the unilateral fixing of monthly maintenance charges by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The order was reviewed and the court has decided to restrain the defendants from denying common amenities to the 5th defendant.
Why Plaintiff Won:
It was determined that the unilateral fixing of maintenance charges could cause irreparable loss to the residents.
It was determined that the unilateral fixing of maintenance charges could cause irreparable loss to the residents.
Losing Side's Weaknesses:
It was determined that the unilateral fixing of maintenance charges could cause irreparable loss to the residents.
It was determined that the unilateral fixing of maintenance charges could cause irreparable loss to the residents.
Supporting Evidence
It would cause irreparable loss and injury to all the residents if the monthly maintenance charges were fixed unilaterally.
Judgment Evidence:
Hence it would be fare and just to restrain the defendants no. 1 to 4 from denying the common amenities to the defendant no. 5 in the flat.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- Radhakrishnan K N
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K K Abraham
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- S P Mathai
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Cyril Podipara
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jaya George
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Raju Rajasekharan Nair
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sajan A Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P A Rabeez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tharakan and George Associates
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
to restrain the defendants no. 1 to 4 from denying the common amenities to the defendant no. 5 in the flat
Evidence:
Hence it would be fare and just to restrain the defendants no. 1 to 4 from denying the common amenities to the defendant no. 5 in the flat.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2021