O.S. No. 1663/2024

Case between Dr. Renuka K et al vs Sowparnika Vaishnavam Apartment Owners Association et al regarding temporary injunction

Court

COURT OF ADDITIONAL MUNSIFF -III

Judge

Smt. Sreelakshmi.C

Order Date

2025-02-03

Duration

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

The petitioners are apartment owners seeking a temporary injunction against the respondents, who are the apartment owners' association, to prevent them from interfering with the peaceful possession of tenants. The case involves allegations of mismanagement and improper convening of meetings by the association.

Judgment Outcome

Plaintiff Won

Interim Order

The court partially allowed the application for injunction, restraining the defendants from interfering with the peaceful possession of the tenants occupying the apartments.

Judgment Favored

Plaintiff

Relief Granted

Restraining the counter petitioners from interfering with the peaceful possession or doing any act detrimental to the interest of the tenants occupying the apartments.

Case Type

Civil Suit

Final Judgment

The court partially allowed the application for injunction, restraining the defendants from interfering with the peaceful possession of the tenants occupying the apartments.

Why Plaintiff Won:
The petitioners are entitled to seek injunction for the tenants for enjoyment of common facilities and amenities.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The material aspect to be considered in the present injunction application is with respect to the right of petitioners in enjoying the common facilities in the apartment. Therefore at this nascent stage of suit, I am not inclined to pass an order which would have the effect of final disposal of the suit.

Judgment Evidence:

Hence point Nos.1 to 4 found in favour of petitioners. In the result the application is allowed in part. Restraining the counter petitioners from interfering with the peaceful possession or doing any act of detrimental to the interest of the tenants occupying the apartments of the association.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Dr. Renuka K

Party Role: Plaintiff
Party Name: Dr. Jeswin

Party Role: Plaintiff
Party Name: Shubi.M.V

Party Role: Plaintiff
Party Name: Deepa Nair

Party Role: Plaintiff
Party Name: Pravin P.V

Party Role: Defendant
Party Name: Sowparnika Vaishnavam Apartment Owners Association
Relation: Represented by

Party Role: Defendant
Party Name: Geethu Satheesh
Relation: Secretary

Party Role: Defendant
Party Name: Sreekanth K.R
Relation: President

Party Role: Defendant
Party Name: Binoy M.C
Relation: Vice President

Party Role: Defendant
Party Name: Murali Menon
Relation: Treasurer

Plaintiffs Documents

Defendants Documents

Copy of Minutes from 22/02/2020 till 21/07/2024, Copy of Audit Report for the period 01/01/2023 to 31/03/2023.

Advocates

Party Role: Plaintiff
Advocate Name: Sri. Ravikrishnan.N.R
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. S.Vikraman
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. V. Dinesh
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.Govind.V
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Nitin.A
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Smt. Lekshmi Santhosh.S
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Partly Granted

Description:

Restraining the counter petitioners from interfering with the peaceful possession or doing any act detrimental to the interest of the tenants occupying the apartments of the association.

Evidence:

Hence point Nos.1 to 4 found in favour of petitioners.

Documents & Evidence

Document Type: Minutes of Meeting

Submitted By: Defendant

Relevance:

Produced to substantiate the contention that the association was functioning in due compliance to bye law.

Reference:

Ext.B1

Document Type: Audit report