Case Summary
K.K.Vinod, the plaintiff, claims ownership and peaceful possession of his apartment and seeks a permanent prohibitory injunction against SMS Sereniti – II Owners and Family Association and its Secretary and President. The plaintiff alleges harassment and obstruction by the defendants, prompting this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants obstructing the plaintiff and his family.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the permanent prohibitory injunction as requested. The defendants are restrained from obstructing the plaintiff's access to his apartment and from causing nuisance in the apartment complex.
Why Plaintiff Won:
The plaintiff provided uncontroverted testimony and evidence supporting his claims.
The plaintiff provided uncontroverted testimony and evidence supporting his claims.
Losing Side's Weaknesses:
The plaintiff provided uncontroverted testimony and evidence supporting his claims.
The plaintiff provided uncontroverted testimony and evidence supporting his claims.
Supporting Evidence
The uncontroverted testimony of the plaintiff as well as the documents marked would prove the case of the plaintiff. No averments in the written statement field by the defendants were supported by any evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. The defendants, their agents and supporters are restrained from locking the entrance gate as well as front door of the Apartment Complex by name SMS Sereniti-II, either from inside or outside so as to restrict and obstruct the entry of the plaintiff and his family into the plaint schedule Apartment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.K.Vinod
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SMS Sereniti – II Owners and Family Association
- Relation
- represented by its Secretary, Susmi Mohan
- Party Role
- Defendant
- Party Name
- Susmi Mohan
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suja Prakash
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 4008/2018 dated 29.10.2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul Kuriakose K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ramesh Cherian John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants, their agents and supporters are restrained from locking the entrance gate and front door of the Apartment Complex.
Evidence:
The defendants, their agents and supporters are restrained from locking the entrance gate as well as front door of the Apartment Complex by name SMS Sereniti-II, either from inside or outside so as to restrict and obstruct the entry of the plaintiff and his family into the plaint schedule Apartment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from causing any nuisance by letting children and adults play sports activities on the rooftop.
Evidence:
The defendants, their agents and supporters are restrained from causing any nuisance to the plaintiff and his family by letting children as well as adults to play football and other sports activities on the roof top of the plaint schedule apartment.
Documents & Evidence
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Shows the situation faced by the plaintiff and his family following the unauthorized locking of the front door of the Apartment Complex.
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Shows playing of shuttle game by one of the inmates of the apartment complex.
Reference:
Ext.A2
Document Type:
Pendrive
Submitted By:
Plaintiff
Relevance:
Used to present additional evidence.
Reference:
Ext.A3
Document Type:
Certificate under Section 63(4) of Bharathiya Sakshya Adhiniyam, 2023
Submitted By:
Plaintiff
Relevance:
Related to the evidence presented through the pendrive.
Reference:
Ext.A4
Document Type:
Complaint Copy
Submitted By:
Plaintiff
Relevance:
Document submitted before the SHO, South Station, Ernakulam by the Plaintiff.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued to the Secretary (in Charge) SMS Sereniti – II Owners and Family Association by the plaintiff.
Reference:
Ext.A6
Document Type:
Printout
Submitted By:
Plaintiff
Relevance:
Printout of the track consignment bearing no RL 801905490IN.
Reference:
Ext.A7
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 K.K.Vinod vs SMS Sereniti – II Owners and Family Association et al regarding permanent prohibitory injunction.
Case Code Year
Case between K.K.Vinod vs SMS Sereniti – II Owners and Family Association et al regarding permanent prohibitory injunction.