Case Summary
The plaintiffs, Soni Francis and Lizzy Francis, claim their right to an exclusive car parking facility in a property owned by them in Pioneer Towers. They have been denied this right by the defendants, who are involved in managing the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The 3rd and 4th defendants are directed to allocate permanent covered car parking facility to the plaintiffs in plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs successfully proved their right to the car parking facility.
The plaintiffs successfully proved their right to the car parking facility.
Judgment Evidence:
In the result, suit is decreed as follows: i. The 3rd and 4th defendants are directed by way of mandatory injunction to allocate permanent covered car parking facility to the plaintiffs in plaint A schedule property, as described in Sale Deed No. 4128/2017 of Ernakulam SRO.
Parties Involved
Plaintiffs
Soni Francis (56 years)
Crystal Silver Park, Medayilmukku, Kavanadu P.O, Kollam – 691 003
Lizzy Francis (50 yrs years)
Crystal Silver Park, Medayilmukku, Kavanadu P.O, Kollam – 691 003
Defendants
Pioneer Nirman India Pvt. (Ltd) (Age not specified years)
Plot No.1, Marine Drive, Cochin 682 031
The Managing Director, Pioneer Nirman India Pvt. (Ltd) (Age not specified years)
Plot No.1, Marine Drive, Cochin 682 031
Pioneer Towers Owners Welfare Association (Age not specified years)
Pioneer Towers, Plot No. 1, Marine Drive, Cochin 682 031
The Secretary, Pioneer Towers Owners Welfare Association (Age not specified years)
Pioneer Towers, Plot No.1, Marine Drive, Cochin 682 031
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the third and fourth defendants to allocate a permanent covered car parking facility to the plaintiffs.
Evidence:
The 3rd and 4th defendants are directed by way of mandatory injunction to allocate permanent covered car parking facility to the plaintiffs in plaint A schedule property, as described in Sale Deed No. 4128/2017 of Ernakulam SRO.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to the costs of the suit from the third and fourth defendants.
Evidence:
The plaintiffs are entitled to the costs of suit from the 3rd and 4th defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document shows that Mr. Amith Soni is authorized to represent the plaintiffs.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed documents the purchase of the flat by the plaintiffs.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows that the plaintiffs have been paying municipal tax for the flat.
Reference:
Ext.A3
Document Type:
Change of Registry Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates the change of ownership in the plaintiffs' name.
Reference:
Ext.A4
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
This certificate is related to the building where the plaintiffs' flat is located.
Reference:
Ext.A5
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This certificate provides information about any liabilities on the property.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice is related to the plaintiffs asserting their rights over the car parking.
Reference:
Ext.A7
Document Type:
Transfer Deed
Submitted By:
Plaintiff
Relevance:
This deed is marked as subject to proof, relating to the property in question.
Reference:
Ext.A8