Case Summary
Saira Basheer filed a petition seeking a temporary injunction against the White Waters Owners Apartment Association and Rena Melvin regarding monthly maintenance fees and a leakage issue in her apartment. The court issued an interim injunction restraining the collection of fees and displaying her name for non-payment until the issue is resolved.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction against collection of fees and name display
Case Type
Civil Suit
Final Judgment
No
The court granted a temporary injunction to the plaintiff, preventing the defendants from collecting maintenance fees and displaying her name until the leakage issue is resolved.
Why Plaintiff Won:
The petitioner has made out a prima facie case and would suffer irreparable injury if the injunction is not granted.
The petitioner has made out a prima facie case and would suffer irreparable injury if the injunction is not granted.
Losing Side's Weaknesses:
The petitioner has made out a prima facie case and would suffer irreparable injury if the injunction is not granted.
The petitioner has made out a prima facie case and would suffer irreparable injury if the injunction is not granted.
Supporting Evidence
I am satisfied that the petitioner has made out a prima facie case and if order of temporary injunction is not granted, irreparable injury is likely to be caused to the petitioner.
Judgment Evidence:
Hence an order of interim injunction is passed restraining 1st defendant from collecting further monthly maintenance fee and displaying the plaintiffs name in notice board for non-payment of maintenance fee from the plaintiff until the leakage issue is fully resolved.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saira Basheer
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- White Waters Owners Apartment Association
- Party Age
- 65
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Rena Melvin
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Prem Raj C K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth V C
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim injunction restraining the 1st defendant from collecting further monthly maintenance fee and displaying the plaintiff's name in notice board for non-payment of maintenance fee until the leakage issue is resolved.
Evidence:
Hence an order of interim injunction is passed restraining 1st defendant from collecting further monthly maintenance fee and displaying the plaintiffs name in notice board for non-payment of maintenance fee from the plaintiff until the leakage issue is fully resolved and the plaint schedule apartment is restored to a safe condition until further orders.
Documents & Evidence
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