Case Summary
The plaintiffs are the Vilambhagam Plavazhikam Residents Association and its secretary, Salim. They are seeking a permanent prohibitory injunction against the defendants who allegedly conducted an illegal annual general body meeting and made unauthorized decisions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted preventing the defendants from encroaching into plaint schedule property and forcefully taking possession of the records of the first plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court has decreed that the annual general body meeting conducted by the defendants is null and void. The plaintiffs were granted a permanent prohibitory injunction to prevent the defendants from encroaching on the property and acting as office bearers.
Why Plaintiff Won:
Plaintiffs established their case through unchallenged oral and documentary evidence.
Plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Plaintiffs established their case through unchallenged oral and documentary evidence.
Plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the second plaintiff, plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the annual general body meeting convened by the first and second defendants in the absence of the second plaintiff is null and void.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vilambhagam Plavazhikam Residents Association (V.P.R.A)
- Relation
- represented by Secretary Salim
- Party Role
- Plaintiff
- Party Name
- Salim
- Party Age
- 65
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Sasikumar
- Party Age
- 70
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Haridas
- Party Age
- 84
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Age
- 56
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Briji Raj
- Party Age
- 33
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Asha
- Party Age
- 49
- Relation
- D/o.
Plaintiffs Documents
Copy of By law of V.P.R.A., Copy of Advocate notice dated 22/03/2022, Reply notice dated 25/03/2022, Notice of Annual general meeting, Receipt of Anchuthengu police Station dated 29/03/2022, Print out of whatsapp reply, Application dated 3/04/2022, Reply of District Registrar 10/06/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Saj. S. Sivan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the annual general body meeting convened by the first and second defendants in the absence of the second plaintiff is null and void.
Evidence:
It is hereby declared that the annual general body meeting convened by the first and second defendants in the absence of the second plaintiff is null and void.
Relief Type:
Declaration
Outcome:
Granted
Description:
All the decisions taken on 27.03.2022 in the meeting which was convened by the first and second defendants is also declared as null and void.
Evidence:
All the decisions taken on 27.03.2022 in the meeting which was convened by the first and second defendants is also declared as null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favor of the plaintiffs restraining the defendants from encroaching into plaint schedule property.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into plaint schedule property and forcefully taking possession of the records of the first plaintiff.
Documents & Evidence
Document Type:
Copy of By law of V.P.R.A.
Submitted By:
Plaintiff
Relevance:
Used to outline the governing rules of the plaintiff association.
Reference:
Ext.A1
Document Type:
Copy of Advocate notice dated 22/03/2022
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants regarding the violations.
Reference:
Ext.A2
Document Type:
Reply notice dated 25/03/2022
Submitted By:
Plaintiff
Relevance:
Response to the advocate notice detailing the plaintiff's position.
Reference:
Ext.A3
Document Type:
Notice of Annual general meeting
Submitted By:
Plaintiff
Relevance:
Document relevant to the annual general meeting that was contested.
Reference:
Ext.A4
Document Type:
Receipt of Anchuthengu police Station dated 29/03/2022
Submitted By:
Plaintiff
Relevance:
Used to show the involvement of authorities regarding the complaint.
Reference:
Ext.A5
Document Type:
Print out of whatsapp reply
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding the general body meeting.
Reference:
Ext.A8
Document Type:
Application dated 3/04/2022
Submitted By:
Plaintiff
Relevance:
Document relevant to the proceedings discussed.
Reference:
Ext.A9
Document Type:
Reply of District Registrar 10/06/2022
Submitted By:
Plaintiff
Relevance:
Reply received from the District Registrar regarding the complaints.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Violation of lease conditions
Case Code
Case between Vilambhagam Plavazhikam Residents Association vs Sasikumar et al regarding permanent prohibitory injunction
Case Code Year
Case between Vilambhagam Plavazhikam Residents Association vs Sasikumar et al regarding permanent prohibitory injunction