Case Summary
Sarith. S., the plaintiff, seeks a declaration and injunction regarding necessary repairs to his apartment and common areas. The Yasoram Pancharatna Apartment Owners Association, the defendant, opposes these repairs, claiming they violate ownership agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff authorized to perform construction of truss work and installation of weather guards, along with a permanent prohibitory injunction against interference from the defendants.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's case was supported by unrebutted evidence that demonstrated the need for repairs and the defendants failed to provide counter-evidence.
The plaintiff's case was supported by unrebutted evidence that demonstrated the need for repairs and the defendants failed to provide counter-evidence.
Judgment Evidence:
In the result, suit is decreed as follows. 1.A decree is hereby passed entitling the plaintiff to carry out the construction of truss work upon the roof portion of the petition schedule building and also to install weather-guards on the southern and western side of the schedule apartment...
Parties Involved
Plaintiffs
Sarith. S. (39 years years)
S2 B, Yasoram Pancharatna Apartments, Toc H Road, Vyttila Janatha, Kochi, Maradu Village, Kanayannur Taluk
Defendants
Yasoram Pancharatna Apartment Owners Association (Age not specified years)
Yasoram Pancharatna Apartments, Toc H Road, Vyttila Jaratha, Kochi - 682 019, Maradu Village, Kanayannur Taluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Entitling the plaintiff to carry out the construction of truss work upon the roof portion of the petition schedule building.
Evidence:
A decree is hereby passed entitling the plaintiff to carry out the construction of truss work upon the roof portion of the petition schedule building and also to install weather-guards.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant and their members from causing any interferences to the peaceful living of the plaintiff.
Evidence:
A decree is hereby passed declaring permanent prohibitory injunction restraining the defendant, their members or agents from causing any sort of interferences to the peaceful living of the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitling the plaintiff to realize costs of the suit from defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2699/1997 of SRO Maradu.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3904/2003 of SRO Maradu.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 89/2017 of SRO Maradu.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2161/2017 of SRO Maradu.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Series of photograph along with C.D.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Certified copy of Commission Report in OS 1115/2018 on the file of Munsiff Court, Ernakulam.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in I.A No. 3158/2019 in OS 569/2019 along with photographs and C.D were accepted and marked in evidence.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the plaintiff's case as pleaded.
Reference: