Case Summary
Sanish Sivanandan and his wife Renjini R Nair are the plaintiffs seeking a permanent prohibitory injunction against the Sivaji Sapphire Apartment Owners Association and its representatives. The plaintiffs allege that the defendants have obstructed their renovation work and have issued defamatory statements against them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from refusing to issue vehicle access card and are directed to restore the petitioners back in the whatsapp groups.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the plaintiffs' application for interim relief, directing the defendants to issue vehicle access cards and restore the plaintiffs to the whatsapp groups of the apartment association.
Why Plaintiff Won:
Petitioners proved a strong prima facie case and demonstrated that the defendants were obstructing their rights as apartment owners.
Petitioners proved a strong prima facie case and demonstrated that the defendants were obstructing their rights as apartment owners.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioners being the owners of the apartment are entitled to all the benefits which are made available to other residents. They cannot be denied of the basic amenities for their peaceful possession and enjoyment in the apartment.
Judgment Evidence:
In the result IA is allowed in part. 1) The respondents are restrained from refusing to issue vehicle access card and are also directed to restore the petitioners back in the whatsapp groups. 2) No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sanish Sivanandan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Renjini R Nair
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sivaji Sapphire Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dr. Sunandakumari. V. M
- Relation
- Represented by
Plaintiffs Documents
Copy of email dated 22/03/2021, Copy of transaction details of Rs.6000, Tax invoice for the renovation work.
Defendants Documents
Copy of Whatsapp group chat attached in statement of objection.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.A. Ahamed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thoufeek Ahamed
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Aravind Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rajaprathap. S.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Partly Granted
Description:
Respondents are restrained from refusing to issue vehicle access cards and are also directed to restore the petitioners back in the whatsapp groups.
Evidence:
Hence, points are found in favour of the petitioner accordingly.
Documents & Evidence
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Copy of email dated 22/03/2021 sent by respondent association to the petitioners directing them to deposit an amount of Rs.6,000/-.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Copy of email dated 22/03/2021 sent by respondent association to the petitioners directing them to deposit an amount of Rs.6,000/-.
Reference:
Ext.A2
Document Type:
Transaction Details
Submitted By:
Plaintiff
Relevance:
Copy of transaction details showing that an amount of Rs.6000/- was deposited in favor of respondent association.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Copy of tax invoice for the renovation work made by the petitioner.
Reference:
Ext.A4
Document Type:
WhatsApp Group Chat
Submitted By:
Defendant
Relevance:
Copy of whatsapp group chat attached in statement of objection to show the nature and conduct of petitioner in the whatsapp group.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Interference with peaceful enjoyment
Case Code
Case between Sanish Sivanandan et al vs Sivaji Sapphire Apartment Owners Association et al regarding permanent prohibitory injunction
Case Code Year
Case between Sanish Sivanandan et al vs Sivaji Sapphire Apartment Owners Association et al regarding permanent prohibitory injunction