Case Summary
The plaintiff, Rekha Sunil Roy, is seeking an injunction against the defendants who are allegedly obstructing her parking rights in the apartment complex. The lawsuit involves disputes over car parking allocations and rights within the DD Platinum Planet apartment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is permitted to carry out the amendment as sought for within 14 days.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's amendment petition to incorporate new pleadings while stating that the amendment will not relate back to the date of the suit for the additional 5th defendant.
Why Plaintiff Won:
The amendment sought is deemed necessary for the proper adjudication of the suit.
The amendment sought is deemed necessary for the proper adjudication of the suit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The amendment sought for is a consequential amendment as a result of impleading additional 5th defendant in party array and therefore the court is satisfied that the said amendment is necessary for the proper adjudication of the suit and to be allowed in the interest of justice.
Judgment Evidence:
In the result, 1) The above petition is allowed on costs of Rs.1,000/-. 2) Amendment will not relate back to date of suit as against additional 5th defendant. 3) Plaintiff is permitted to carry out the amendment as sought for within 14 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha Sunil Roy
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M N Kannanunni
- Party Role
- Defendant
- Party Name
- Suchetha Kannan
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Head – Customer Relations, M/s Desai Homes
- Party Role
- Defendant
- Party Name
- DD Platinum Planet Apartment Owner’s Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anesh Chandrank
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson Gomez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suma Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aravind Ajith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Binu Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishapriya T M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mahesh Chandran
- 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
- Rajesh Kottakkal
- 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
- Ajesh K Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is permitted to carry out the amendment as sought for within 14 days.
Evidence:
Accordingly, the above petition is liable to be allowed.
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 Rekha Sunil Roy vs M N Kannanunni et al regarding prohibitory injunction and amendment of plaint.
Case Code Year
Case between Rekha Sunil Roy vs M N Kannanunni et al regarding prohibitory injunction and amendment of plaint.