Case Summary
The plaintiffs, Sarah Ann Koshy and Sony George, are joint owners of flat No.2B in Cloud 9 Apartment and seek to prevent the defendants from obstructing their access to a terrace area. The defendants, representing the apartment owners' association, argue that the plaintiffs unlawfully trespassed into a restricted common area.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The counter petitioners/plaintiffs are restrained from entering and using the 736 sq. ft. terrace area above the car porch of the cloud 9 apartment.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for temporary injunction, restraining the plaintiffs from entering and using the terrace area above the car porch of the apartment.
Key Reasoning:
The petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner.
The petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner.
Why Defendant Won:
The petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner.
The petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner.
Supporting Evidence
Hence for the aforesaid reasons, I am satisfied that the petitioner has made out a prima facie case in his favour. Balance of convenience is also in favour of petitioner.
Judgment Evidence:
In the result, I.A stands allowed as follows: 1) The counter petitioners/plaintiffs are restrained from entering and using the 736 sq. ft. terrace area above the car porch of the cloud 9 apartment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarah Ann Koshy
- Party Age
- 43
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sony George
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Cloud 9 Apartment Owner’s Association
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The President, Cloud 9 Apartment Owner’s Association
Plaintiffs Documents
Sale deed No.300/2010 of SRO, Thiruvananthapuram
Defendants Documents
Sale deed No.300/2010 of SRO, Thiruvananthapuram
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Kollamcode.D.S.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sidharatha.S.Shine
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.Narendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Chandrasekharan Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.Anil Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restraining the plaintiffs from entering and using the 736 sq. ft. terrace area above the car porch.
Evidence:
I.A stands allowed as follows: The counter petitioners/plaintiffs are restrained from entering and using the 736 sq. ft. terrace area above the car porch of the cloud 9 apartment.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of sale deed for flat Nos. 7A and 7B presented to support the petitioner's claim.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of sale deed for flat Nos. 7A and 7B presented to support the petitioner's claim.
Reference:
Ext.A2
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Copy of the pre-litigation petition filed against the illegal act of the respondent.
Reference:
Ext.A3
Document Type:
Copy of e-mail
Submitted By:
Plaintiff
Relevance:
Copy of email sent to the respondents to remove the plants from the petition schedule property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the sale deed for flat No. 2B presented to support the respondent's claim of ownership.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by advocate commissioner detailing the access and condition of the petition schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
OS.NO.
Case Code Year
2024