M/S.Ansal Buildwell Limited v. Garden View Apartment Owners Association

Kerala HC8 Jan 2014OP(C)/66/2014

Case brief

AI extract

What is this about?

Defendants 9 and 10 in a civil suit sought a pilot petition to quash/suspend a temporary injunction order preventing vehicle parking. The High Court ordered the trial court to issue a certified copy and suspended the injunction's operation for 10 days. No substantive decision on the merits was made.

What did the court decide?

Order to issue certified copy within one week and suspension of injunction operation for 10 days from date.

M/S.Ansal Buildwell Limited Vs Garden View… — Civil Procedure and Limitation | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 8TH DAY OF JANUARY 2014/18TH POUSHA, 1935 OP(C).No. 66 of 2014 () -----------------------I.A.No.2296/2013 IN OS 328/2013 of MUNSIFF COURT, ERNAKULAM

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PETITIONER(S)/9TH AND 10TH DEFENDANTS :-

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1. ANSAL BUILDWELL LTD., 118, UFF PRAKASH DEEP, 7, TOLSTOY MARG, CONNAUGHT PLACE, NEW DELHI - 110 001, REP. BY ITS ADDL. VICE PRESIDENT, M.P.MATHEWS.

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2. M.P.MATHEWS, ADDL.VICE PRESIDENT, ANSAL BUILDWELL LTD., ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ABRAHAM VARGHESE THARAKAN

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RESPONDENT(S)/PLAINTIFFS & DEFENDANTS 1 TO 8 :-

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1. GARDEN VIEW APARTMENT OWNERS ASSOCIATION, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306 REPRESENTED BY PRESIDENT DR.T.P.SUNIL KUMAR, S/O.T.K.PURUSHOTHAMAN, AGED 48 YEARS, FLAT NO.3D, GARDEN VIEW APARTMENT.

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2. GARDEN VIEW APARTMENT OWNERS ASSOCIATION, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306 REPRESENTED BY SECRETARY, BENJAMIN JOHN CHANDY, S/O.CHYANDY C.JOHN, AGED 65 YEARS, FLAT NO.3A, GARDEN VIEW APARTMENT.

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3. ZACHARIA JOHNSON, AGED ABOUT 65 YEARS, RESIDING AT FA-3 TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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4. AJITH KUMAR, AGED ABOUT 57 YEARS, RESIDING AT FB-2, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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OP(C).No. 66 of 2014

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5. B.BALAGOPALAN, AGED ABOUT 62 YEARS, RESIDING AT FB-4, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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6. K.K.PAUL, AGED ABOUT 63 YEARS, RESIDING AT GA-3, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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7. JOHNSON ANTONY, AGED ABOUT 65 YEARS, RESIDING AT GB-3, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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8. DR.SHIBU SREEDHARAN, AGED ABOUT 59 YEARS, RESIDING AT SB-1, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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9. SATISH RAO, AGED ABOUT 55 YEARS, RESIDING AT SB-3, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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10. VIJAYAKUMAR PILLAI, AGED 63 YEARS, RESIDING AT HOUSE NO.59, TOWN HOUSE, ANSALS RIVERDALE, EROOR P.O., COCHIN - 682 306.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-012014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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jvt

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OP(C).No.66 OF 2014

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APPENDIX

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Petitioner's Exhibits :-

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Ext.P1 :- True copy of Plaint O.S.No.328/2013 dated 09-04-2013 filed by the Respondents 1 and 2 herein before the Honourable Munsiff Court, Ernakulam.

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Ext.P2 :- True copy of I.A.No.2296/2013 dated 0904-2013 for Temporary Injunction filed along with the Plaint by the Respondents 1 and 2 herein before the Honourable Munsiff Court, Ernakulam in O.S.No.328/2013.

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Ext.P3 :- True copy of Counter Affidavit dated 6-72013 filed by the Petitioners to I.A.No.2296/2013 in O.S.No.328/2013.

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Respondent's Exhibits :- NIL.

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//True Copy//

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P.A. to Judge

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N.K.BALAKRISHNAN, J.

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O.P.(C). No.66 of 2014

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Dated this the 8^th day of January 2014

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J U D G M E N T

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An order of injunction has been passed against the defendants in O.S.No.328/2013. This petition is filed by defendants 9 and 10 in that case. As per the order, it is stated, that the vehicles/cars of the defendants cannot be parked within the area shown in the plaint schedule.

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Learned counsel for the petitioners submits that

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though an application for carbon copy was submitted, it was not allowed.

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Sri.Suresh, the learned counsel appearing for the respondents strongly opposes the request made in this petition stating that the petitioners could have, if at all made a submission before the trial court for staying the operation of the temporary injunction, but that was not done, but instead, the petitioners have rushed to this Court, the learned counsel submits. It is further submitted that

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O.P.(C). No.66 of 2014

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-: 2 :-

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the petitioners should have made a request for issuance of carbon copy immediately when the order was pronounced. That must be the reason why the request for issuance of carbon copy made subsequently was declined. Therefore, the learned counsel submits that the petitioners should not be granted any interim relief as sought for.

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However, considering all the aspects, this OP(C) is disposed of with the following directions :-

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The trial court will issue a certified copy/carbon copy of the order within one week from today. Operation of the order passed by the trial court shall remain suspended for a period of 10 days from today.

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Sd/N.K.BALAKRISHNAN, JUDGE.

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Jvt

M/S.Ansal Buildwell Limited v. Garden View Apartment Owners Association

Case brief

What is this about?

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M/S.Ansal Buildwell Limited v. Garden View Apartment Owners Association

Case brief

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What did the court decide?

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