Case Summary
Vinu Koshi Abraham, the petitioner, alleges that the ABM Tower Residents Association and ABM Builders (P) Ltd. have encroached upon his property rights at ABM Towers, Kochi. The case revolves around a dispute over the use of common areas and ownership of property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for a temporary prohibitory injunction was dismissed. The court found that the petitioner did not establish a prima facie case and that irreparable harm was not demonstrated.
Key Reasoning:
The petitioner did not satisfactorily establish a prima facie case in his favor.
The petitioner did not satisfactorily establish a prima facie case in his favor.
Why Defendant Won:
The petitioner did not satisfactorily establish a prima facie case in his favor.
The petitioner did not satisfactorily establish a prima facie case in his favor.
Supporting Evidence
Consideration of totality of the facts and materials placed before this court would only lead to a conclusion that the petitioner is not satisfactorily established a prima facie case in his favour.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vinu Koshi Abraham
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- ABM Tower Residents Association
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- ABM Builders (P) Ltd.
- Relation
- represented by
Plaintiffs Documents
Copy of the power of attorney no. 408/4/17, Copy of Sale deed no. 2519/03, Copy of the common Judgment of the Hon’ble High Court in WP(c)13106/2010 and 14854/2010
Defendants Documents
Photocopy of the memorandum and byelaws of the ABM Towers Residence Association, Photocopy of Final Order no. KRP2/1811/04 passed by the Corporation of Cochin
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nithin George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vizzy George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varsha Rose Michael
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rithu Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sivaram R Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soubhagya Sagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petitioner sought an injunction against respondents from trespassing or making alterations to the plaint schedule property.
Evidence:
The point is accordingly found against the petitioner.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The petitioner claims ownership of the plaint schedule property through this sale deed.
Reference:
Ext.A2
Document Type:
Common Judgment
Submitted By:
Plaintiff
Relevance:
This document contains relevant orders from the High Court regarding common recreation areas.
Reference:
Ext.A3
Document Type:
Property Tax Demand Notice
Submitted By:
Plaintiff
Relevance:
These notices demonstrate that the petitioner is paying property taxes on the plaint schedule property.
Reference:
Ext.A4, Ext.A5, Ext.A6
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Provides certification of the petitioner's possession of the plaint schedule property.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioner is paying land taxes for the plaint schedule property.
Reference:
Ext.A8
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Establishes the title and ownership claims over the plaint schedule property.
Reference:
Ext.A9
Document Type:
Memorandum and Byelaws
Submitted By:
Defendant
Relevance:
Defines the governance of the ABM Towers Residents Association.
Reference:
Ext.B1
Document Type:
Final Order
Submitted By:
Defendant
Relevance:
Details the municipal corporation's orders regarding property use and ownership.
Reference:
Ext.B2
Document Type:
Common Judgment
Submitted By:
Defendant
Relevance:
Reiterates the decisions regarding common areas and ownership from the previous High Court rulings.
Reference:
Ext.B3
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Discusses the legality of space allocation and use within the ABM Towers.
Reference:
Ext.B5
Document Type:
Notice of Eviction
Submitted By:
Defendant
Relevance:
Notifies the eviction of unauthorized constructions in the car parking area.
Reference:
Ext.B7
Document Type:
Mahazar
Submitted By:
Defendant
Relevance:
Documents the actual physical conditions of the property regarding the eviction.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports filed by the advocate commissioner regarding the property layout and encroachments.
Reference:
Ext.C1, Ext.C2
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 Vinu Koshi Abraham vs ABM Tower Residents Association et al regarding encroachments and property rights
Case Code Year
Case between Vinu Koshi Abraham vs ABM Tower Residents Association et al regarding encroachments and property rights