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
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.
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.
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.