Case Summary
This case involves a dispute between the residents of Sowparnika Vaishnavam Apartments and the apartment owners association regarding the payment of monthly maintenance charges. The plaintiffs argue that they are willing to pay but require proper account statements from the association.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application of the defendants seeking to modify the injunction order. The plaintiffs were not denied the enjoyment of amenities during the proceedings.
Key Reasoning:
Why Defendant Won:
Not available
Not available
Supporting Evidence
Judgment Evidence:
In the result, this I.A is dismissed. No order as to costs.
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
- Relation
- Authorised to Dr.Renuka
- Party Role
- Plaintiff
- Party Name
- Deepa Nair
- Party Role
- Plaintiff
- Party Name
- Pravin. P.V
- Relation
- Authorised to Dr.Renuka
- Party Role
- Defendant
- Party Name
- Sowparnika Vaishnavam Apartment Owners Association
- Party Role
- Defendant
- Party Name
- Sreekanth. K.R
- Relation
- President
Plaintiffs Documents
Copy of Minutes, Audit report, Copy of e-mails sent demanding the monthly maintenance charge
Defendants Documents
Screenshots of e-mail sent by plaintiffs stating that the monthly maintenance charge
Advocates
- 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
- Smt. Lekshmi Santhosh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ravikrishnan. N.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiffs sought an injunction to prevent defendants from interfering with peaceful possession.
Evidence:
The defendants were restrained from interfering with the peaceful possession or doing any act detrimental to the interest of tenants occupying the apartments of association.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Application to modify injunction order to allow for payment of maintenance charges.
Evidence:
The present application is filed by the original defendants seeking to modify the order in I.A.1/2024.
Documents & Evidence
Document Type:
Copy of minutes
Submitted By:
Plaintiff
Relevance:
The minutes of the association from 20/10/2020 till 21/07/2024 are referenced to support the claim.
Reference:
Ext.A1
Document Type:
Audit report
Submitted By:
Plaintiff
Relevance:
The audit report for the period 01/01/2023 to 31/03/2023 is referenced to support the claim.
Reference:
Ext.A2
Document Type:
Copy of e-mails sent demanding the monthly maintenance charge
Submitted By:
Plaintiff
Relevance:
The document is referenced as evidence of communication regarding the maintenance charge.
Reference:
Ext.A3
Document Type:
The Screenshots of e-mail
Submitted By:
Defendant
Relevance:
Screenshots of emails sent by plaintiffs disputing the monthly maintenance charge are referenced.
Reference:
Ext.B1 to B5
Document Type:
The Certification
Submitted By:
Defendant
Relevance:
Certification produced under Section 63 of Bharathiya Sakhshya Adhiniyam is referenced.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Defaulters of monthly maintenance charge
Case Code
Case between Dr. Renuka K et al vs Sowparnika Vaishnavam Apartment Owners Association et al regarding mandatory injunction and other reliefs
Case Code Year
Case between Dr. Renuka K et al vs Sowparnika Vaishnavam Apartment Owners Association et al regarding mandatory injunction and other reliefs