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O.S. No. 558/2020

Case between Joshy Varghese et al vs M/s Sapphire Heights Residents Association et al regarding permanent prohibitory injunction.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-06-27
Duration
approximately-5 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, owners and residents of specific flats in Sapphire Heights Apartments, filed a suit against the defendants, seeking a permanent prohibitory injunction against disconnection of essential services and unauthorized financial contributions. They allege that the defendants' actions violated their rights as apartment owners and sought relief due to illegal practices in the association's management.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are permanently restrained from disconnecting essential services and must not stop waste clearance from the apartments owned by the plaintiffs. Additionally, the defendants are directed to pay costs of the suit to the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from disconnecting generator power supply and stopping waste clearance.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are permanently restrained from disconnecting essential services and must not stop waste clearance from the apartments owned by the plaintiffs. Additionally, the defendants are directed to pay costs of the suit to the plaintiffs.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence showing their entitlement to a decree of injunction.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence showing their entitlement to a decree of injunction.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff with respect to relief No.(a).

Judgment Evidence:

In the result, suit is partly decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from disconnecting the generator power supply connection to the apartments numbers as 12E, 10D, 3D and 11E respectively in the Apartment complex named ‘Sapphire Height’s Apartments’ owned by the plaintiffs and also restraining the stoppage of waste clearance from the above flats.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joshy Varghese
Party Age
38
Relation
S/o
Party Role
Plaintiff
Party Name
Anmol Bharwal
Party Age
38
Relation
S/o
Party Role
Plaintiff
Party Name
Renjith Nair
Party Age
38
Relation
S/o
Party Role
Plaintiff
Party Name
Jose Thomas
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
M/s Sapphire Heights Residents Association
Relation
represented by its President Rajiv Girotra
Party Role
Defendant
Party Name
Rajiv Girotra
Party Age
65
Party Role
Defendant
Party Name
Priyanka Anup
Party Age
43
Relation
Secretary
Party Role
Defendant
Party Name
Mathew Thomas
Party Age
56
Relation
Treasurer
Plaintiffs Documents
Email issued by defendants to members, receipts for payment of maintenance charges.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M K Dileepan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vipinkumar K B
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Deepak T Nedungadan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
S Karthik Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anjali N
Appearance Type
Exparte

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiffs sought to restrain defendants from disconnecting power supply and stopping waste clearance.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from disconnecting the generator power supply connection to the apartments...
Relief Type: Other
Outcome: Refused
Description:
Plaintiffs sought a declaration that the 3rd defendant is not eligible for election as a committee member.
Evidence:
But no evidence is seen adduced to support the said claims. Hence court is not inclined to grant the said relief.

Documents & Evidence

Document Type: Bye-law of the Association
Submitted By: Plaintiff
Relevance:
Used to support the claims regarding the association's governance and rules.
Reference:
Ext.A1
Document Type: Copy of the complaint given to the District Registrar
Submitted By: Plaintiff
Relevance:
Demonstrates the complaints made by the plaintiffs regarding irregularities in the association.
Reference:
Ext.A2
Document Type: Email issued by defendants to members
Submitted By: Plaintiff
Relevance:
Shows communication from the defendants regarding association matters.
Reference:
Ext.A3
Document Type: Email issued by the defendants to plaintiff
Submitted By: Plaintiff
Relevance:
Evidence of direct communication concerning the claims.
Reference:
Ext.A4
Document Type: Receipt issued to plaintiffs for MMC
Submitted By: Plaintiff
Relevance:
Confirms that the plaintiffs have been paying maintenance charges.
Reference:
Ext.A5
Document Type: Letter issued by District Registrar
Submitted By: Plaintiff
Relevance:
Relates to the directive from the District Registrar regarding election procedures.
Reference:
Ext.A6
Document Type: Email from Governing body of association
Submitted By: Plaintiff
Relevance:
Indicates communication regarding association governance.
Reference:
Ext.A7
Document Type: Print of email and voters list
Submitted By: Plaintiff
Relevance:
Evidence related to the electoral process of the association.
Reference:
Ext.A8
Document Type: Receipts for receiving MMC and AMC
Submitted By: Plaintiff
Relevance:
Confirms payments made by the plaintiffs for maintenance.
Reference:
Ext.A9 Series
Document Type: Receipts issued to 2nd plaintiff for MMC and AMC
Submitted By: Plaintiff
Relevance:
Confirms payments made by the second plaintiff.
Reference:
Ext.A10 Series
Document Type: Receipts issued to 3rd plaintiff for MMC and AMC
Submitted By: Plaintiff
Relevance:
Confirms payments made by the third plaintiff.
Reference:
Ext.A11 Series
Document Type: Minutes of annual General body meeting
Submitted By: Plaintiff
Relevance:
Records decisions made during the annual meeting relevant to the case.
Reference:
Ext.A12

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Joshy Varghese et al vs M/s Sapphire Heights Residents Association et al regarding permanent prohibitory injunction.
Case Code Year
Case between Joshy Varghese et al vs M/s Sapphire Heights Residents 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
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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