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O.S.No.1199/2024

Case between Saira Basheer vs White Waters Owners Apartment Association et al regarding temporary injunction

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-11-20
Duration

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
Judgment Favored
Plaintiff
Relief Granted
Interim injunction against collection of fees and name display
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The petitioner has made out a prima facie case and would suffer irreparable injury if the injunction is not granted.

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

Plaintiffs

Saira Basheer (53 years years) Flat No. 10C, White Waters Apartment, Thevara Ferry Road, Elamkulam Village, Kanayanur Taluk, Ernakulam, Pin- 682013

Defendants

White Waters Owners Apartment Association (65 years years) Reg No. ER490/036, Pandith Karuppan road, White Waters Apartment, Thevara, Ernakulam Rena Melvin (Age not specified years) Flat No. 11C, White Waters Apartment, Thevara Ferry Road, Ernakulam, Pin- 682013

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

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
85%

Involved Entities

Private Individual

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