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
The court dismissed the petition filed by the petitioners as they failed to demonstrate a prima facie case in their favor regarding the ownership and enjoyment of the property. The court found that the respondents had rights over the common areas.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Consideration of the above aspects in toto would show that the petitioners have failed to demonstrate a prima facie case in their favour.
Judgment Evidence:
In the result, petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rhona Mary Vaqrghese
- Party Age
- 69
- Relation
- W/o late P.J.Varghese
- Party Role
- Plaintiff
- Party Name
- Ria Mary Varghese
- Party Age
- 44
- Relation
- W/o Joseph
- Party Role
- Plaintiff
- Party Name
- Shana Susan Varghese
- Party Age
- 39
- Relation
- W/o Samuel George
- Party Role
- Defendant
- Party Name
- M/s Alpha Plaza Owners Association
- Relation
- represented by its Secretary
Plaintiffs Documents
True copy of the registered Sale Deed bearing no. 3254/2001, True copy of the Death certificate of P.J.Varghese, True copy of Legal heir-ship certificate, True copy of Ownership certificate, True copy of Possession certificate, True copy of memo evidencing change of Registry, True copy of Land Tax receipt, True copy of building tax receipt, True copy of building permit, True copy of the judgment in Writ petition, True copy of the judgment in W.P.(c) no. 21711 of 2023, True copy of the Order issued by the Assistant Executing Engineer.
Defendants Documents
True copy of approved plan of the Roof plan of the commercial complex, True copy Approval plan of the 7th and 8th floor of the commercial complex.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Sanjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhukrishnah C.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aruna Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bijish B Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joy Thattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Uthara A.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishna Kumar T.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Baby Sonia
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Karun Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Megha Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nevis Cassandra L
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Roshni Manuel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Govind Vijayakumaran Nair
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rhona Mary Varghese et al vs M/s Alpha Plaza Owners Association regarding injunction against trespassing
Case Code Year
Case between Rhona Mary Varghese et al vs M/s Alpha Plaza Owners Association regarding injunction against trespassing