Case Summary
The petitioners, Rhona Mary Varghese and others, are seeking a permanent prohibitory injunction against the respondents, M/s Alpha Plaza Owners Association, to prevent them from trespassing and obstructing their lawful enjoyment of a penthouse property. The case revolves around ownership rights and allegations of illegal actions by the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners did not demonstrate a prima facie case for the injunction sought.
The petitioners did not demonstrate a prima facie case for the injunction sought.
Judgment Evidence:
In the result, petition is dismissed.
Parties Involved
Plaintiffs
Rhona Mary Vaqrghese (69 years years)
6A, Chackolas Waterscape, Thevara Jerry road, Kochi – 682 013
Ria Mary Varghese (44 years years)
Pattamkulam, 6B, Chackolas Waterscape, Thevara Jerry road, Kochi – 682 013
Shana Susan Varghese (39 years years)
C801, eon waterfront phase 1 Kharadi, Pune – 411 014
Defendants
M/s Alpha Plaza Owners Association (Age not specified years)
Alpha Plaza, K P Vallon road, Giri Nagar, Kadavanthara, Kerala – 682 020
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioners sought a permanent injunction against the defendants from trespassing and causing disturbance.
Evidence:
Consideration of the above aspects in toto would show that the petitioners have failed to demonstrate a prima facie case in their favour.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed is a key document showing the legal ownership of the property claimed by the petitioners.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This certificate establishes the legal heirship of the petitioners.
Reference:
Ext.A2
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This certificate affirms the petitioners as legal heirs of the deceased owner of the property.
Reference:
Ext.A3
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
This certificate verifies the petitioners' ownership of the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate confirms the petitioners' possession of the property.
Reference:
Ext.A5
Document Type:
Change of Registry Memo
Submitted By:
Plaintiff
Relevance:
This memo proves a change in the registry of the property.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt indicates that the petitioners have been paying land tax for the property.
Reference:
Ext.A7
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows that the petitioners have been paying building tax for the property.
Reference:
Ext.A8
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
This permit grants permission for construction in accordance with regulations.
Reference:
Ext.A9
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
This judgment relates to prior legal proceedings concerning the property.
Reference:
Ext.A10
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
This judgment pertains to a more recent legal proceeding that affects the current case.
Reference:
Ext.A11
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This order confirms the legality of the petitioners' construction and possession.
Reference:
Ext.A12
Document Type:
Approved Plan
Submitted By:
Defendant
Relevance:
This plan shows the layout of the Alpha Plaza complex as claimed by the defendant.
Reference:
Ext.B1
Document Type:
Approved Plan
Submitted By:
Defendant
Relevance:
This plan outlines the layout of the 7th and 8th floors of Alpha Plaza.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings from an inspection of the property.
Reference:
Ext.C1
Document Type:
Report
Submitted By:
Court
Relevance:
This report contains information from the Assistant Executive Engineer about the property.
Reference:
Ext.C1(a)
Document Type:
Floor Plan
Submitted By:
Court
Relevance:
This is the 8th floor plan as referenced in the proceedings.
Reference:
Ext.C1(b)
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs document the condition and features of the Alpha Plaza complex.
Reference:
Ext.C1 series
Document Type:
Approved Plan
Submitted By:
Court
Relevance:
These documents illustrate the approved construction plans for the complex.
Reference:
Ext.C1(d) series