Case Summary
The plaintiffs are a family residing in an apartment who filed a suit against an apartment owners association and its managing committee for illegally demanding money for maintenance. They seek an injunction to prevent the enforcement of this demand.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from taking actions proposed by notice dated 16.08.2024.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants to cease their demands and actions based on the illegal notice issued to the plaintiffs.
Why Plaintiff Won:
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Losing Side's Weaknesses:
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Plaintiffs successfully proved that the defendants' demands were illegal and not supported by the association's bylaws.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1, A3 and A4 series established their case as pleaded by them. The plaintiffs are entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of permanent prohibitory injunction is passed restraining the defendants from initiating any actions proposed by notice dated 16.08.2024.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Suresh Kumar G
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Uma Suresh
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Reshma Suresh
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Skyline Eminence Apartment Owners Association (SEAOA)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Managing Committee, Skyline Eminence Apartment Owners Association (SEAOA)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shamsudheen
- Party Role
- Defendant
- Party Name
- Padmakumar
Plaintiffs Documents
Certified copy of Sale Deed No. 2416/2018, Copy of bye-law of the 1st defendant association, Printout of payment made in favour of the 1st defendant, Printout of notice dated 16.08.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijay Sankar V.H.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from actions proposed by notice dated 16.08.2024.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants from initiating any actions proposed by notice dated 16.08.2024.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against interference in peaceful habitation.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from causing interference in the peaceful habitation including disconnection of electricity, restraining access to any common amenities, collection of garbage, or from doing any act detrimental to the interest of the plaintiffs, in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from defendants.
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishing ownership of the property.
Reference:
Ext.A1
Document Type:
Payment Screenshot
Submitted By:
Plaintiff
Relevance:
Printout of screenshot of payment made in favor of the first defendant, supporting the plaintiffs' claim.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Printout of notice dated 16.08.2024, which the plaintiffs seek to contest.
Reference:
Ext.A4
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 Mr. Suresh Kumar G et al vs Skyline Eminence Apartment Owners Association et al regarding Permanent prohibitory injunction
Case Code Year
Case between Mr. Suresh Kumar G et al vs Skyline Eminence Apartment Owners Association et al regarding Permanent prohibitory injunction