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O.S No . 70/2024

Case between MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-03-04
Duration
approximately-4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves the Mystic Heights 1 Apartment Owners Association as the plaintiff against multiple defendants including Shwas Homes Private Limited and various associated apartment owners associations. The suit was dismissed due to the absence of necessary parties D6 and D7.

Judgment Outcome

Defendant Won
Interim Order
The judgment resulted in the dismissal of the suit due to the failure to include necessary parties D6 and D7, making the suit not maintainable.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The judgment resulted in the dismissal of the suit due to the failure to include necessary parties D6 and D7, making the suit not maintainable.
Key Reasoning:
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
Why Defendant Won:
The suit was dismissed on the grounds of it being not maintainable due to necessary parties not being included.
Supporting Evidence
The suit is not maintainable and is dismissed.

Judgment Evidence:

As suit has been dismissed as against D6 and D7, who are necessary parties to the suit as early as on 10.10.2024, the suit is not maintainable and is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
MH-10A- Mystic Heights 1 Apartment Owners Association
Party Role
Defendant
Party Name
Shwas Homes Private Limited
Party Age
51
Relation
Represented by
Party Role
Defendant
Party Name
Mystic Heights 2 Apartment Owners Association
Relation
Represented by
Party Role
Defendant
Party Name
Mystic Heights 3 Apartment Owners Association
Relation
Represented by
Party Role
Defendant
Party Name
Mystic Heights 4 Apartment Owners Association
Relation
Represented by
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P. P Haris
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.M Shyju
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Balu Aravind
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Kiran C. Vinoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jesto Paula
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Yahya C.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shemi Kelampadikkal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Baiju Louis Mooken
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abraham David
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sohailahammed Harris P. P
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
N. M Mohamed Ayub
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M. P Ramnath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Bepin Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sandhya S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shalu Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P. Rajesh Kottakkal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Varghese Varghese M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Deepak S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Antony Tharian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Johnson Gomez
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sanjay Johnson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
John Gomez
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Arun Johny
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abin Jacob
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Deebu R
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Suit dismissed as it is not maintainable.
Evidence:
As suit has been dismissed as against D6 and D7, who are necessary parties to the suit as early as on 10.10.2024, the suit is not maintainable and is dismissed.

Documents & Evidence

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 MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit
Case Code Year
Case between MH-10A- Mystic Heights 1 Apartment Owners Association vs Shwas Homes Private Limited et al regarding maintenance of suit

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Apartment Owners Association

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