Case Summary
The plaintiff, Varghese P Itoop, is the owner of two commercial shop rooms and is involved in a dispute with the Alliance residency owner's association regarding the unauthorized removal of hoardings placed on his property. The association contends that the plaintiff violated their bye-laws, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the 1st defendant from removing boards and hoardings.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants to prevent interference with the plaintiff's commercial space.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
From the plaint averments and evidence on record, it is evident that 1st defendant is association of residents and 2nd defendant is association with respect to commercial space, hence 1st defendant has no authority to seek removal of any boards in the commercial space.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1)1st defendant is restrained by a permanent prohibitory injunction from forcefully removing the boards and hoardings erected/attached to the commercial space of the plaintiff and from causing any nuisance and disruption to the smooth functioning of the plaintiff in his commercial space.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varghese P Itoop
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alliance residency owner’s association
- Relation
- represented by its president, Shashi Kumar Nair
- Party Role
- Defendant
- Party Name
- Alliance residency commercial building owners association
- Relation
- represented by its president
Plaintiffs Documents
True copy of sale deed No.3270/2011, True copy of sale deed No.3271/2011, Original of the notice dated 20.02.2019, Office copy of the reply notice dated 28.02.2019, Office copy of the police complaint filed by the plaintiff, True copy of the bye law of the 2nd defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Blaze K Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction restraining the 1st defendant from interfering with his commercial space.
Evidence:
1st defendant is restrained by a permanent prohibitory injunction from forcefully removing the boards and hoardings erected/attached to the commercial space of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought costs of the suit to be paid by the 1st defendant.
Evidence:
1st defendant is directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3270/2011 of Ernakulam SRO.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 3271/2011 of Ernakulam SRO.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Original of Notice dated 20.02.2025 received by son's plaintiff.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the Reply notice sent to the defendant by plaintiff’s son dated 28.02.2019.
Reference:
Ext.A4
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
Office copy of Police Complaint filed by the plaintiff.
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of attorney.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Photographs in IA 3087/2019.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony of the Power of Attorney holder of plaintiff examined as PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized erection of signage
Case Code
Case between Varghese P Itoop vs Alliance residency owner's association et al regarding permanent prohibitory injunction.
Case Code Year
Case between Varghese P Itoop vs Alliance residency owner's association et al regarding permanent prohibitory injunction.