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
The court decreed in favor of the plaintiff, allowing him to carry out construction repairs and restraining the association from interfering. Costs of the suit were also awarded to the plaintiff.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A5, Ext. A10 and Ext. C1 series established his case as pleaded by him. Though written statement was filed by the defendant, no evidence were adduced so as to rebut the plaint claim.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Sarith. S.
- Party Age
- 39
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Yasoram Pancharatna Apartment Owners Association
- Relation
- represented by President, Sri. Babu John Malayil
Plaintiffs Documents
Certified copies of sale deeds No. 2699/1997, 3904/2003, 89/2017, 2161/2017, along with photographs and commission report.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Johny Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anas C.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anto Thomas Adipuzha
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Sarith. S. vs Yasoram Pancharatna Apartment Owners Association regarding declaration and Injunction
Case Code Year
Case between Sarith. S. vs Yasoram Pancharatna Apartment Owners Association regarding declaration and Injunction