Case Summary
M/s. Infra Housing Private Ltd. filed a petition for an interim injunction against Infra Aspire Owner's Association and individuals claiming obstruction to their maintenance work in an apartment complex. The petitioner alleges that after a settlement regarding a previous ownership dispute, they were denied access to their property by the respondents.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for an interim injunction filed by the plaintiffs, finding no prima facie case in their favor and determining that the balance of convenience did not support granting the injunction.
Key Reasoning:
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
Why Defendant Won:
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
The petitioner failed to demonstrate a valid legal ownership and right to the property, and the balance of convenience did not favor them.
Supporting Evidence
The interim relief as sought for cannot be considered because the petitioner has not established the right ownership and possession of the petitioner over the petition schedule property.
Judgment Evidence:
In the result, the petition is dismissed. Having considered the facts and circumstances of the case, there is no order to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Infra Housing Private Ltd.
- Party Role
- Plaintiff
- Party Name
- Mr. George E George
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Infra Aspire Owner's Association
- Relation
- represented by Secretary Kavitha Panchal
- Party Role
- Defendant
- Party Name
- Gibi Varkey
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kavitha Panchal
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
True copy of compromise memo dated 29/05/2025, True copy of complaint before the Sub Inspector of Police, Thrikkakara(Infopark) Police Station with the acknowledgment, Certified copy of the Common Judgment of the Consumer State Commission, Kerala in No.445/2014 and 124 of 2015 with appended compromise memo dated 29/05/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Cherian Karippaparambil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jiji Nikhil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh Cherian Karippaparambil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Shylan T.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aynosh Michel P.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajmal Khan C.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rahib K.Y
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought a permanent prohibitory injunction restraining the respondents from causing obstruction to the petitioner and its men from carrying out maintenance work in the apartment.
Evidence:
Hence in the light of above facts and circumstances, Point nos. 1 to 4 are found against of the petitioner and it is answered accordingly.
Documents & Evidence
Document Type:
Compromise Memo
Submitted By:
Plaintiff
Relevance:
True copy of compromise memo dated 29/05/2025 filed before the Consumer State Commission, Kerala in appeal Nos.445/2014 and 125 of 2015.
Reference:
Ext.A1
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
True copy of complaint before the Sub Inspector of Police, Thrikkakara(Infopark) Police Station with the acknowledgment.
Reference:
Ext.A2
Document Type:
Common Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Common Judgment of the Consumer State Commission, Kerala in No.445/2014 and 124 of 2015 with appended compromise memo dated 29/05/2025.
Reference:
Ext.A3
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 M/s. Infra Housing Private Ltd. vs Infra Aspire Owner's Association et al regarding interim injunction.
Case Code Year
Case between M/s. Infra Housing Private Ltd. vs Infra Aspire Owner's Association et al regarding interim injunction.