Case Summary
The plaintiff, M/s Puravankara Limited, filed a suit against the defendants for obstructing access to a designated parking area in the Purva Grandbay apartment complex. The defendants, comprising the owners' association and its office bearers, contested the plaintiff's right to exclusive parking in that area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against obstructing the use of car lifts and parking area.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants, preventing them from obstructing the plaintiff's use of the first-floor parking and car lifts.
Why Plaintiff Won:
The unchallenged evidence presented by the plaintiff established their exclusive right to the parking area as per the approved plans.
The unchallenged evidence presented by the plaintiff established their exclusive right to the parking area as per the approved plans.
Losing Side's Weaknesses:
The unchallenged evidence presented by the plaintiff established their exclusive right to the parking area as per the approved plans.
The unchallenged evidence presented by the plaintiff established their exclusive right to the parking area as per the approved plans.
Supporting Evidence
On perusal of the proof affidavit and documents produced, which remain unchallenged, I am satisfied that plaintiff has established her case. The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from obstructing the plaintiff and persons claiming under it from using the car lifts in the ground floor of the apartment complex...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Puravankara Limited
- Party Role
- Defendant
- Party Name
- Purva Grandbay Apartment Owners Association
- Party Role
- Defendant
- Party Name
- S Narayana Moorthy
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nirmala Aryan
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dr. Ramesh Kumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Renolze Rahman
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 6535 of 2005, Occupancy certificate issued by Corporation of Kochi on 30-06-2014, Approved drawings of Basement and Ground floor plans.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jolly John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Liza Meghan Cyriac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jerie Ramesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama Sibi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Janaki Devi S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kabil Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anuja P Anto
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from obstructing the plaintiff and persons claiming under it from using the car lifts and parking vehicles in the first-floor parking area.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from obstructing the plaintiff and persons claiming under it from using the car lifts in the ground floor of the apartment complex.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from displaying notices or banners disputing the parking arrangement.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from exhibiting any notice, posters, flex boards in the premises of the apartment complex raising dispute regarding car parking.
Relief Type:
Costs
Outcome:
Granted
Description:
Directing defendants to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Shows the execution of sale deeds for most apartments.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Final Revised Building Permit approved by the Corporation of Cochin.
Reference:
Ext.A2
Document Type:
Approved Drawing
Submitted By:
Plaintiff
Relevance:
Approved drawings of Basement Floor Plan, Ground Floor Plan, First & Second Floor Plan, and Third Floor Plan.
Reference:
Exts.A3 to A6
Document Type:
Approved Built Plan
Submitted By:
Plaintiff
Relevance:
Approved built floor plans of the basement, ground floor, first & second floor, and third floor.
Reference:
Exts.A7 to A10
Document Type:
Occupancy Certificate
Submitted By:
Plaintiff
Relevance:
Occupancy certificate issued by the Corporation of Kochi.
Reference:
Ext.A11
Document Type:
Commissioning Report
Submitted By:
Plaintiff
Relevance:
Commissioning report of the car lift.
Reference:
Ext.A12
Document Type:
Guarantee Certificate
Submitted By:
Plaintiff
Relevance:
Guarantee certificate for the car lift.
Reference:
Ext.A13
Document Type:
Test Certificate
Submitted By:
Plaintiff
Relevance:
Test certificate for the car lift.
Reference:
Ext.A14
Document Type:
Warranty Certificate
Submitted By:
Plaintiff
Relevance:
Warranty certificate for polycarbonate rolling shutters and rolling grills for the car lift.
Reference:
Ext.A16
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report related to the dispute.
Reference:
Ext.C1
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 Puravankara Limited vs Purva Grandbay Apartment Owners Association et al regarding suit for permanent prohibitory injunction.
Case Code Year
Case between M/s Puravankara Limited vs Purva Grandbay Apartment Owners Association et al regarding suit for permanent prohibitory injunction.