Case Summary
This case involves a petition for recovery of arrears of maintenance charges by the plaintiffs against the defendant. The defendant contends that he was unable to file a written statement due to his wife's serious health issues.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the defendant's application to accept the written statement and dismissed the plaintiffs' application to strike off the defense.
Key Reasoning:
The court found that the conditions justifying the acceptance of the written statement were sufficiently compelling.
The court found that the conditions justifying the acceptance of the written statement were sufficiently compelling.
Why Defendant Won:
The court found that the conditions justifying the acceptance of the written statement were sufficiently compelling.
The court found that the conditions justifying the acceptance of the written statement were sufficiently compelling.
Supporting Evidence
The court views that striking off the defense at this stage will not serve justice, especially since the defendant has shown interest in contesting the matter despite the late filing.
Judgment Evidence:
In the result, IA No.04/2025 is dismissed. No order as to costs. 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
- Relation
- represented by its President
- Party Role
- Plaintiff
- Party Name
- P.G.Yogarajan
- Party Age
- 71
- Relation
- S/o Late Gopalan
- Party Role
- Defendant
- Party Name
- George Roy
- Party Age
- 64
- Relation
- S/o K.K.John
- Party Role
- Defendant
- Party Name
- M/s. Aquavista Apartment Owners and Allottees Association
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- The President, P.G.Yogarajan
- Relation
- S/o Late Gopalan
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, P.G.Yogarajan vs George Roy regarding recovery of arrears of maintenance charges.
Case Code Year
Case between M/s. Aquavista Apartment Owners and Allottees Association, P.G.Yogarajan vs George Roy regarding recovery of arrears of maintenance charges.