Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 802/2025

Case between A.Rajasimhan et al vs DD Silver Stone Apartment Owners Association et al regarding permanent prohibitory injunction.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-09-12
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, A.Rajasimhan and Tharunya Prakash, filed for a permanent prohibitory injunction against the defendants, DD Silver Stone Apartment Owners Association and its Secretary, to prevent them from altering their property. The dispute arose over renovation works the plaintiffs undertook, which the defendants claim violated communal rights and security protocols.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs partial relief, allowing them to maintain their alterations to their property while preventing the defendants from making further changes. The decision emphasized the lack of evidence for claims against the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction preventing alteration or defacement of the petition schedule property as per exhibit A1 deed.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs partial relief, allowing them to maintain their alterations to their property while preventing the defendants from making further changes. The decision emphasized the lack of evidence for claims against the plaintiffs.
Why Plaintiff Won:
The court found a prima facie case in favor of the plaintiffs due to their legal rights over the property as outlined in exhibit A1.
Losing Side's Weaknesses:
The court found a prima facie case in favor of the plaintiffs due to their legal rights over the property as outlined in exhibit A1.
Supporting Evidence
The plaintiffs have rights over the petition schedule property to the extent it is comprised in exhibit A1 deed.

Judgment Evidence:

Hence, in the light of above facts and circumstances, Point nos. 1 to 4 are found infavour of the plaintiffs and it is answered accordingly.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.Rajasimhan
Party Age
47
Relation
S/o
Party Role
Plaintiff
Party Name
Tharunya Prakash
Party Age
41
Relation
W/o
Party Role
Defendant
Party Name
DD Silver Stone Apartment Owners Association
Relation
represented by its President
Party Role
Defendant
Party Name
Secretary, DD Silver Stone Apartment Owners Association
Plaintiffs Documents
Exhibit A1 sale deed.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jijo Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Beena M.D.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vykhari K.U.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rajagopalan A.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Prabhu Murali Krishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreethy R. Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sojo J. Kallidukil
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
The plaintiffs sought a permanent injunction restraining the respondents from altering or defacing the property.
Evidence:
The respondents are restrained by an order of temporary prohibitory injunction, from altering or defacing the petition schedule property to the extent it is comprised in exhibit A1 deed, until the final disposal of this suit.
Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
The plaintiffs requested to be protected from interference by the respondents.
Evidence:
The respondents are further restrained by an order of temporary prohibitory injunction, from interfering with the peaceful possession and enjoyment of the petition schedule property to the extent it is comprised in exhibit A1 deed, until the final disposal of this suit.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The sale deed establishes the plaintiffs' ownership rights over the property in dispute.
Reference:
Ext.A1
Document Type: Email
Submitted By: Plaintiff
Relevance:
The email from the 2nd respondent directs the plaintiffs to restore the iron grill, indicating the association's claim regarding safety.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
The commission report provides a description of the alterations done by the plaintiffs and the condition of the property.
Reference:
Ext.C1
Document Type: Other Documents
Submitted By: Plaintiff
Relevance:
Additional documents submitted by the plaintiffs in support of their application.
Reference:
Ext.A2 to Ext.A7

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between A.Rajasimhan et al vs DD Silver Stone Apartment Owners Association et al regarding permanent prohibitory injunction.
Case Code Year
Case between A.Rajasimhan et al vs DD Silver Stone Apartment Owners Association et al regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
75%

Involved Entities

Apartment Owners Association

Similar Cases

Case between Reena Philip vs Sachin V Visavadia, Tony Thomas regarding interim mandatory injunction
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Sarith. S. vs Yasoram Pancharatna Apartment Owners Association regarding declaration and Injunction
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Blue Chip Apartment Owners Association vs Dr. Roshini Abraham regarding realization of money
Court of Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between DD Golden Gate Apartment Owners Association vs Arun Kuriakose regarding realization of money.
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won