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O.S No. 545/2024

Case between Soni Francis et al vs Pioneer Nirman India Pvt. (Ltd) et al regarding mandatory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-21
Duration
approximately-0 years 0 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court has granted a mandatory injunction in favor of the plaintiffs for the allocation of a dedicated car parking facility.
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
The court has granted a mandatory injunction in favor of the plaintiffs for the allocation of a dedicated car parking facility.
Why Plaintiff Won:
The plaintiffs successfully proved their right to the car parking facility.
Losing Side's Weaknesses:
The plaintiffs successfully proved their right to the car parking facility.
Supporting Evidence
Hence, I am of the opinion that the plaintiffs are entitled to a decree of mandatory injunction as sought for, as the plaintiffs have the right for car parking in the plaint A schedule property as per deed No Document no. 4128/2017 of Ernakulam SRO.

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

Parties

Party Role
Plaintiff
Party Name
Soni Francis
Party Age
56
Relation
S/o.
Party Role
Plaintiff
Party Name
Lizzy Francis
Party Age
50
Relation
W/o.
Party Role
Defendant
Party Name
Pioneer Nirman India Pvt. (Ltd)
Relation
Represented by its Managing Director
Party Role
Defendant
Party Name
The Managing Director, Pioneer Nirman India Pvt. (Ltd)
Party Role
Defendant
Party Name
Pioneer Towers Owners Welfare Association
Relation
Represented by Secretary
Party Role
Defendant
Party Name
The Secretary, Pioneer Towers Owners Welfare Association
Plaintiffs Documents
Power of Attorney, Sale Deed No. 4128/2017, Receipt issued by Kochi Municipal Corporation, Change of Registry Memo, Building Certificate issued by Kochi Municipal Corporation, Copy of Encumbrance Certificate, Copy of lawyer notice, Copy of Transfer Deed No. 3279/2006 (Subject to Proof)
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Renjith B. Marar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Lakshmi N. Kaimal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Keshavraj Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arun Poomulli
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rekha C.R
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Preetha S. Chandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anand Remesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abhijith Sreekumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abhiram S. Pillai
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Gaadha Suresh
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Soni Francis et al vs Pioneer Nirman India Pvt. (Ltd) et al regarding mandatory injunction
Case Code Year
Case between Soni Francis et al vs Pioneer Nirman India Pvt. (Ltd) et al regarding mandatory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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