Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 967/2022

Case between Satish Murthi vs Madhu John et al regarding permanent prohibitory injunction and declaration.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-11
Duration
approximately-2 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Satish Murthi, is seeking a permanent injunction against the defendants, who are allegedly engaging in unauthorized construction and collecting funds improperly in the apartment complex Kalatmak Residency. The case involves issues of property rights and adherence to the association's by-laws.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, declaring that the defendants' construction activities are unauthorized. The defendants are permanently restrained from illegal construction and from collecting any amounts from owners outside due legal processes.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against unauthorized construction and collection of amounts.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring that the defendants' construction activities are unauthorized. The defendants are permanently restrained from illegal construction and from collecting any amounts from owners outside due legal processes.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence demonstrating the illegality of the defendants' actions.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence demonstrating the illegality of the defendants' actions.
Supporting Evidence
The evidence tendered by PW1 on record remains unchallenged. There is no reason to disbelieve the evidence tendered by PW1.

Judgment Evidence:

In the result, the suit is decreed as follows: i. It is declared that construction activity carried out by the Defendants in the Building, 'Kalatmak Residency', is unauthorized and illegal.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Satish Murthi
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Madhu John
Relation
S/o
Party Role
Defendant
Party Name
Nicey Madhu
Relation
W/o
Plaintiffs Documents
Photocopy of Sale Deed No. 4530/2006, True copy of the Judgment in O.S 318/2012, True copy of the Judgment in O.S 354/2012, True copy of the Judgment in O.S 385/2012, Photocopy of the bye-laws of the Association.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Uma Devi. M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shifas Ali K.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. Rajan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining defendants from carrying out unauthorized construction activities.
Evidence:
Defendants, their agents, tenants, successors and assigns are restrained by way of a decree of permanent prohibitory injunction from carrying out/continuing with any general construction activity in the Building - "Kalatmak Residency", in an illegal or unauthorized manner.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining defendants from demanding or collecting amounts illegally.
Evidence:
Defendants, their agents, tenants, successors and assigns are restrained by way of permanent prohibitory injunction from demanding or collecting any amounts from the owners/occupants of the Building - "Kalatmak Residency", other than by following due process of law and that too for authorized legal activities only.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Photocopy of Sale Deed No. 4530/2006 marked subject to proof
Reference:
Ext.A1
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
True copy of the Judgment in O.S 318/2012 marked subject to proof
Reference:
Ext.A2
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
True copy of the Judgment in O.S 354/2012 marked subject to proof
Reference:
Ext.A3
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
True copy of the Judgment in O.S 385/2012 marked subject to proof
Reference:
Ext.A4
Document Type: Bye-laws of the Association
Submitted By: Plaintiff
Relevance:
Photocopy of the bye-laws of the Association marked subject to proof
Reference:
Ext.A5
Document Type: Estimate of Work
Submitted By: Plaintiff
Relevance:
True copy of the estimate of the work marked subject to proof
Reference:
Ext.A6
Document Type: Report of Structural Engineer
Submitted By: Plaintiff
Relevance:
True copy of the report of the Structural Engineer Sri. Jacob Mathew marked subject to proof
Reference:
Ext.A7
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
True copy of the Encumbrance Certificate
Reference:
Ext.A8
Document Type: Certificate under Section 65B of the Indian Evidence Act
Submitted By: Plaintiff
Relevance:
Certificate under Section 65 B of the Indian Evidence Act
Reference:
Ext.A8(a)
Document Type: Allotment of Parking Space
Submitted By: Plaintiff
Relevance:
True copy of the allotment of parking space marked subject to proof
Reference:
Ext.A9
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
True copy of the photograph of the Car bearing No. KA 03 MX 0196 marked subject to proof
Reference:
Ext.A10
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
2 Photographs marked subject to proof
Reference:
Ext.A13 series

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 Satish Murthi vs Madhu John et al regarding permanent prohibitory injunction and declaration.
Case Code Year
Case between Satish Murthi vs Madhu John et al regarding permanent prohibitory injunction and declaration.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Similar Cases

Case between T.O Abraham et al vs T.O Aleyas et al regarding settlement of the suit
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Dismissed
Case between Prakash Pai, et al vs Saju, et al regarding undisclosed matter
THE COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Unknown
Case between Nithya vs Babu et al regarding Dismissal of Listed Case
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Kunju Bava vs C. A Abdulla regarding specific performance of agreement and consequential reliefs
The Court of the Principal Munsiff, Ernakulam
Civil Suit Unknown
Case between Ammini M.N et al vs Sindhu et al regarding undisclosed matter
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won