Case Summary
The plaintiff, Saira Basheer, owns an apartment in White Waters Apartments and is suffering from persistent water leakage caused by the defendants, including the apartment owners' association and the owner of the apartment above hers. She seeks legal remedies for the damages and relief from the defendants' negligence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's petition for a temporary injunction as she failed to establish a prima facie case in her favor.
Key Reasoning:
The plaintiff failed to prove a prima-facie case.
The plaintiff failed to prove a prima-facie case.
Why Defendant Won:
The plaintiff failed to prove a prima-facie case.
The plaintiff failed to prove a prima-facie case.
Supporting Evidence
the court is satisfied that the petitioner failed to establish her case prima facie and petition is to be dismissed.
Judgment Evidence:
In the result, petition is dismissed.
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
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rena Mevin
- Relation
- W/o
Plaintiffs Documents
Sale deed, Complaint to the defendant association, Complaint to the Health Officer, Receipt of payment of maintenance charges.
Defendants Documents
By-law of White Water Apartment Owner’s Association, Certification of Registration of White Water Apartment Owner’s Association.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Premraj C K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth V C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akhilesh U S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Franklin Arackal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
A mandatory injunction directing the first defendant to undertake necessary repairs and waterproofing.
Evidence:
Court is satisfied that the plaintiff has failed to prove a prima facie case in his favour.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
A mandatory injunction directing the second defendant to pay damages to the plaintiff for the harm caused by negligence.
Evidence:
Court is satisfied that the plaintiff has failed to prove a prima facie case in his favour.
Relief Type:
Prohibitory Injunction
Outcome:
Refused
Description:
Restraining the first defendant from collecting further maintenance charges from the plaintiff.
Evidence:
Court is satisfied that the plaintiff has failed to prove a prima facie case in his favour.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Serves as evidence of ownership of the plaintiff's apartment.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Details the complaint made by the plaintiff to the first defendant association regarding the water leakage.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Contains the complaint made to the Health Officer of Municipal Corporation Kochi about the living conditions.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of monthly maintenance charges by the plaintiff up until November 2024.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports findings related to water leakage and damage to the plaintiff's apartment.
Reference:
Ext.C1
Document Type:
By-Law
Submitted By:
Defendant
Relevance:
Establishes the responsibilities and obligations of the apartment owners in relation to maintenance and payment of charges.
Reference:
Ext.B1
Document Type:
Certification of Registration
Submitted By:
Defendant
Relevance:
Documents the establishment of the White Water Apartment Owners’ Association.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Water leakage
Case Code
Case between Saira Basheer vs White Waters Owners Apartment Association et al regarding water leakage and injunction.
Case Code Year
Case between Saira Basheer vs White Waters Owners Apartment Association et al regarding water leakage and injunction.