Case Summary
The case involves M/s. Aquavista Apartment Owners and Allottees Association and P.G. Yogarajan seeking recovery of arrears from defendant George Roy. The defendants failed to file a written statement in time, leading to procedural motions being filed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application to strike off the defense and allowed the defendant's application to accept the written statement.
Key Reasoning:
The court found that striking off the defense would not serve justice as the defendant had shown interest in contesting the matter.
The court found that striking off the defense would not serve justice as the defendant had shown interest in contesting the matter.
Why Defendant Won:
The court found that striking off the defense would not serve justice as the defendant had shown interest in contesting the matter.
The court found that striking off the defense would not serve justice as the defendant had shown interest in contesting the matter.
Supporting Evidence
However, striking off their defense, at this stage when they have filed the written statement will not serve justice.
Judgment Evidence:
In the result, IA No.04/2025 is dismissed. No order as to costs. In the result, IA No.05/2025 is allowed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Aquavista Apartment Owners and Allottees Association
- Party Role
- Plaintiff
- Party Name
- P.G.Yogarajan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George Roy
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.R.Anandakuttan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. J.K.Ajith Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
IA No.04/2025 is dismissed.
Evidence:
In the result, IA No.04/2025 is dismissed. No order as to costs.
Relief Type:
Other
Outcome:
Granted
Description:
IA No.05/2025 is allowed.
Evidence:
In the result, IA No.05/2025 is allowed. No order as to costs.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between M/s. Aquavista Apartment Owners and Allottees Association et al vs George Roy regarding recovery of arrears of maintenance charges
Case Code Year
Case between M/s. Aquavista Apartment Owners and Allottees Association et al vs George Roy regarding recovery of arrears of maintenance charges