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O.S No. 196/2018

Case between Vinod Menon et al vs Purva Oceana Apartment Owners Association et al regarding mandatory injunction and permanent prohibitory injunction.

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-01-30
Duration
approximately-5 years 12 days
Case Closed
Tue, 01/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, a husband and wife, seek relief against the defendants who have obstructed their attempts to complete internal modifications in their apartment. The case involves issues of property rights and compliance with the homeowners' association regulations.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a permanent prohibitory injunction against the defendants, ensuring that they cannot obstruct the plaintiffs' access or modifications to their property, and declared certain clauses in the homeowners' association bylaws invalid.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against obstruction and interference with internal modifications by defendants.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants, ensuring that they cannot obstruct the plaintiffs' access or modifications to their property, and declared certain clauses in the homeowners' association bylaws invalid.
Why Plaintiff Won:
The evidence and documents presented by the plaintiffs were unchallenged and it was determined that defendants had no valid basis to obstruct the plaintiffs' modifications.
Losing Side's Weaknesses:
The evidence and documents presented by the plaintiffs were unchallenged and it was determined that defendants had no valid basis to obstruct the plaintiffs' modifications.
Supporting Evidence
The evidence and supporting documents produced and marked by the plaintiffs remain unchallenged. The court found that issue No. 1 was against the plaintiffs, but all other issues were found in favor of the plaintiffs.

Judgment Evidence:

The suit is decreed by a permanent prohibitory injunction restraining the defendants No.1 to 56 or any person claiming through or under them from obstructing or causing hindrance to the plaintiffs or any person claiming under them or through them from accessing and enjoying plaint A schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vinod Menon
Party Age
43
Relation
S/o
Party Role
Plaintiff
Party Name
Anju Madhav alias Anjali Menon
Party Age
43
Relation
W/o
Party Role
Defendant
Party Name
PURVA OCEANA APARTMENT OWNERS ASSOCIATION
Relation
represented by
Party Role
Defendant
Party Name
Dr.Jose Chacko Peripuram
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Jaimy Jose
Party Age
57
Relation
W/o
Party Role
Defendant
Party Name
Alex Anthraper
Party Age
38
Party Role
Defendant
Party Name
R.Manomohanan
Party Age
63
Plaintiffs Documents
Power of Attorney, True copy of registered sale deed no 4307/15 of SRO Ernakulam, Building Tax receipt, True copy of Agreement for Sale, True copy of construction agreement, True computer printout of email communication.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.P.Ramanath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.M.C.Thimmaiah
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from obstructing the plaintiffs' access to their property.
Evidence:
It is decreed by a permanent prohibitory injunction restraining the defendants No.1 to 56 or any person claiming through or under them from obstructing or causing hindrance to the plaintiffs or any person claiming under them.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from interfering with the placing of air conditioning units.
Evidence:
It is also decreed by a permanent prohibitory injunction restraining the defendants No.1 to 56 from interfering with the plaintiffs placement of their external air conditioning units.
Relief Type: Declaration
Outcome: Granted
Description:
Declaring certain clauses of the defendant's bylaws illegal and unenforceable.
Evidence:
It is decreed by declaring that the part of Sub-clause-(1) of clause-31...are ab initio void, per se illegal and inequitable and unenforceable.
Relief Type: Mandary Injunction
Outcome: Granted
Description:
Directing the 1st defendant to issue receipts for all payments made.
Evidence:
It is also decreed by a mandatory injunction directing the 1st defendant to issue receipts for all payments made by the plaintiffs.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Submitted to establish the authority of the 1st plaintiff to file on behalf of the 2nd plaintiff.
Reference:
Ext.A1
Document Type: Registered Sale Deed
Submitted By: Plaintiff
Relevance:
Provided proof of ownership and rights to the property in question.
Reference:
Ext.A2
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Demonstrated that the property is maintained and taxes are paid.
Reference:
Ext.A3
Document Type: Agreement for sale
Submitted By: Plaintiff
Relevance:
Contained terms and conditions relevant to the transaction for the property.
Reference:
Ext.A4
Document Type: Construction Agreement
Submitted By: Plaintiff
Relevance:
Outlined the specifics of construction and modification permissions.
Reference:
Ext.A5
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Provided correspondence related to approvals for modifications.
Reference:
Ext.A6
Document Type: Bill for Additional Payments
Submitted By: Plaintiff
Relevance:
Showed financial transactions related to the property.
Reference:
Ext.A7
Document Type: Memorandum of CP Association
Submitted By: Plaintiff
Relevance:
Relevant to the association's rules and guidelines.
Reference:
Ext.A8
Document Type: Email from 8th Defendant
Submitted By: Plaintiff
Relevance:
Indicated previous approvals for modifications.
Reference:
Ext.A9
Document Type: Email Correspondence
Submitted By: Plaintiff
Relevance:
Further communication regarding the ongoing modifications.
Reference:
Ext.A10
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Related to disputes raised by the defendants.
Reference:
Ext.A11
Document Type: Maintenance Statement
Submitted By: Plaintiff
Relevance:
Confirmed maintenance payment history for the apartment.
Reference:
Ext.A12
Document Type: Registered Letter
Submitted By: Plaintiff
Relevance:
Contained evidence of issues raised and responses from the builder.
Reference:
Ext.A13
Document Type: Photographs of Property
Submitted By: Plaintiff
Relevance:
Provided visual evidence of the property and modifications.
Reference:
Ext.A14 series
Document Type: minutes of General Body meeting
Submitted By: Plaintiff
Relevance:
Details of discussions relevant to the apartment association.
Reference:
Ext.A15
Document Type: Common Code of Conduct
Submitted By: Plaintiff
Relevance:
Outlined the rules governing the apartment complex.
Reference:
Ext.A16
Document Type: Email Communication
Submitted By: Plaintiff
Relevance:
Indicated ongoing conversations with the association.
Reference:
Ext.A17
Document Type: Certification of Records
Submitted By: Plaintiff
Relevance:
Provided official recognition of submitted documents.
Reference:
Ext.A18
Document Type: Commission Report
Submitted By: Court
Relevance:
Court document pertaining to inspection and findings during the proceedings.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Vinod Menon et al vs Purva Oceana Apartment Owners Association et al regarding mandatory injunction and permanent prohibitory injunction.
Case Code Year
Case between Vinod Menon et al vs Purva Oceana Apartment Owners Association et al regarding mandatory injunction and permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/30/2018 - 12:00
Case Closed
Tue, 01/30/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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