O.S No . 351/2020

Case between Mr. K.K.VINOD vs SMS Sereniti-11 Owners' & Family Association et al regarding declaration and injunction.

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2025-06-09

Duration

approximately-5 years 6 months

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

Mr. K.K.VINOD, the plaintiff, is the owner of an apartment in SMS Sereniti-II Apartments. He is suing the SMS Sereniti-11 Owners' & Family Association and other defendants for unlawfully forming an association and hindering his enjoyment of basic amenities.

Judgment Outcome

Plaintiff Won

Interim Order

The court partly decreed the suit, granting the plaintiff a permanent prohibitory injunction regarding his basic amenities. However, it dismissed other claims regarding the legality of the associations.

Judgment Favored

Plaintiff

Relief Granted

Permanent prohibitory injunction regarding basic amenities.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The plaintiff established a possibility of violation of his right to basic amenities through evidence presented.

Losing Side's Weaknesses:
The plaintiff established a possibility of violation of his right to basic amenities through evidence presented.

Supporting Evidence

The plaintiff has established a case of possibility of violation of his right of enjoyment of amenities at the flat complex through his evidence and that the evidence of PW1 need not be disbelieved in this respect.

Judgment Evidence:

A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents from causing hindrance to the plaintiff or his family in enjoying amenities such as electricity or water in the plaint scheduled apartment.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mr. K.K.VINOD
Party Age: 51
Relation: S/o

Party Role: Defendant
Party Name: SMS Sereniti-11 Owners' & Family Association
Relation: represented by its Secretary Mr.JAYESH MATHEW

Party Role: Defendant
Party Name: Mr. Jayesh Mathew
Party Age: 42
Relation: S/o

Party Role: Defendant
Party Name: Mr. Nitin Geevarghese
Party Age: 35
Relation: S/o

Party Role: Defendant
Party Name: Mr. Pradeep Kumar K.V.
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Mr. Jose Prakash
Party Age: 45
Relation: S/o

Plaintiffs Documents

Copy of Sale Deed bearing No. 4008/2018, Copy of the minutes of the meeting held on 21.01.2019, Copy of the minutes of the meeting held on 03.04.2019, Copy of the minutes of the executive meeting held on 10.06.2019, Copy of the minutes of the meeting held on 01.07.2019, Copy of the minutes of the meeting held on 20.07.2019.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Paul Kuriakose K
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Anish K.A
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Ramesh Cherian John
Appearance Type: Main Counsel

Reliefs

Relief Type: Declaration

Outcome: Refused

Description:

Declaration that election of SMS Serenity - II Apartment Owners' Association is a legally constituted association.

Evidence:

Hence a declaration as sought for with respect to SMS Serenity – II Apartment Owners’ Association cannot be granted. Issue Number I is found as against the plaintiff.

Relief Type: Declaration

Outcome: Refused

Description:

Declaration that the formation of SMS Serenity – II Owners' and Family Association is illegal.

Evidence:

Hence a declaration as sought for as against the SMS Serenity – II Apartment Owners’ and Family Association cannot be granted. Issue Number II is therefore answered as against the plaintiff.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Permanent prohibitory injunction regarding enjoyment of basic amenities.

Evidence:

Hence I am of the opinion that the plaintiff is entitled to a decree of permanent prohibitory injunction with respect to the enjoyment of his basic amenities at the flat complex, as sought for.

Relief Type: Permanent Injunction

Outcome: Refused

Description:

Injunction against accepting funds from the public for the SMS Serenity-II Owners and family association.

Evidence:

In light of all these facts, there cannot be an injunction against defendants 1 and 2 regarding the accepting of funds from the public for and on behalf of the SMS Serenity-II Owners and family association as sought for.

Documents & Evidence

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

Establishes plaintiff's ownership and rights in the apartment.

Reference:

Ext.A1

Document Type: Minutes of Meeting

Submitted By: Plaintiff

Relevance: