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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
Case Code No.
1199
Case Closed

Judgement document from eCourt website

Judgment Document
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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
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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