Case between Star Meadows Owners and Residents Association vs Jiny Jacob et al regarding permanent prohibitory injunction

Case Summary

The Star Meadows Owners and Residents Association filed a petition seeking a permanent prohibitory injunction against Jiny Jacob and Binu Mathew to restrain them from drawing electricity without paying their share of expenses. The case revolves around the association's claim over the rights to electricity connections for the buildings.

Judgment Outcome

Defendant Won

Interim Order

The petition filed by the Star Meadows Owners and Residents Association was dismissed, and the interim injunction granted was vacated. The court found that there was no privity of contract with the defendants.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

No

The petition filed by the Star Meadows Owners and Residents Association was dismissed, and the interim injunction granted was vacated. The court found that there was no privity of contract with the defendants.

Key Reasoning:
The respondents were found not to be parties to the agreement with the builder.

Why Defendant Won:
Not available

Supporting Evidence

Since there is no privity of contract between the parties in this petition and the KSEB has already given the electricity connection to the 1st defendant therefore, there is no prima facie case in favour of the petitioner.

Judgment Evidence:

In the result: - the petition is dismissed with no costs and the ad – interim injunction granted is hereby vacated.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Star Meadows Owners and Residents Association
Relation: Represented by

Party Role: Defendant
Party Name: Jiny Jacob
Party Age: 48
Relation: W/o

Party Role: Defendant
Party Name: Binu Mathews
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: The Assistant Engineer, Electrical Section, Thiruvaniyoor

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Devi P Prathapan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: K.J Gladis
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Babu T.Cherian
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Finimole T.P
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Refused

Description:

The petitioner sought a permanent prohibitory injunction against the respondents restraining them from drawing electricity from the electric panels installed at the expense of the resident association.

Evidence:

the petition is dismissed with no costs and the ad – interim injunction granted is hereby vacated.

Documents & Evidence

Case Classification