Rev. George Abraham vs Avs Serene Plaza Flat Owners ...
2021 Latest Caselaw 17529 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                      OP(C) NO. 1382 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMA 9/2021 OF SUB COURT, THIRUVALLA,
                          PATHANAMTHITTA
PETITIONER/PETITIONER/PLAINTIFF:

          REV. GEORGE ABRAHAM
          AGED 68 YEARS
          S/O.ABRAHAM, RESIDING AT KUZHIKKALAYIL VEEDU,
          KOTTANADU P.O., PERUMPETY VILLAGE, MALLAPPALLAY TALUK,
          PATHANAMTHITTA DISTRICT.

          BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)



RESPONDENT/COUNTER PETITIONERS/DEFENDANTS:

    1     AVS SERENE PLAZA FLAT OWNERS ASSOCIATION
          AVS SERENE PLAZA, TOTTABHAGOM P.O., KAVIYOOR VILLAGE,
          THIRUVALLA TALUK, REPRESENTED BY ITS PRESIDENT
          T.G.ABRAHAM, AVS SERENE PLAZA, TOTTABHAGOM P.O.,
          KAVIYOOR VILLAGE, THIRUVALLA, PIN-689541.

    2     T.G.ABRHAM,
          PRESIDENT, AVS SERENE PLAZA, TOTTABHAGOM P.O.,
          KAVIYOOR VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT,
          PIN-689541.

    3     RAHELAMMA GEOREGE,
          AGED 65 YEARS
          W/O.LATE A.V.GEORGE, ALUNILKUNNATHL VEEDU,
          THELLIYOOR P.O., THELLIYOOR VILLAGE, MALLAPPALLY TALUK,
          PATHANAMTHITTA DISTRICT, PIN-689544.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1382 OF 2021
                                2

                         JUDGMENT

The petitioner is the plaintiff in O.S.No.143 of 2021 on the

files of the Munsiff's Court, Thiruvalla. The suit is filed

seeking permanent prohibitory injunction against the

defendant Association and its office bearers from installing a

transformer on the roof of the apartment in which the

petitioner is residing. Along with the suit the petitioner had

moved an application for injunction which was dismissed vide

Ext.P2 order. Aggrieved, the petitioner preferred CMA No.9 of

2021 before the Sub Court, Thiruvalla and therein also moved

an application for interim injunction (I.A.No.1 of 2021). That

application also stands dismissed. The petitioner is desirous of

challenging the order and has submitted Application No.160 of

2021 for obtaining the order. The grievance of the petitioner

is that certified copy of the order in I.A.No.1 of 2021 in CMA

No.9 of 2021 has so far not been issued and in the meanwhile

the respondents are taking hasty steps to shift the transformer

from the cellar portion of the apartment complex to its roof.

The prayer in this Original Petition is for a direction to the Sub

Court, Thiruvalla to issue copy of order in I.A.No.1 of 2021 in OP(C) NO. 1382 OF 2021

CMA No.9 of 2021 immediately.

2. The petitioner having filed the application requiring

for issuance of urgent copy, the court is bound to issue the

copy without delay. The apprehension of the petitioner is that

in the meanwhile the respondents may shift the transformer

from the cellar portion to the roof of the building.

3. The Original Petition is hence disposed of directing

the Sub Court, Thiruvalla to issue a copy of the order in

I.A.No.1 of 2021 in C.M.A.No.9 of 2021 to the petitioner within

ten days from receipt of a copy of this judgment. Till such time

the respondents shall be restrained from shifting the electric

transformer from the cellar portion of AVS Serene Plaza to the

roof over Flat No.4B on the 4th floor of the building.

In view of the limited relief granted, notice to the

respondents is dispensed with.

Sd/-

V.G.ARUN JUDGE

scs OP(C) NO. 1382 OF 2021

APPENDIX OF OP(C) 1382/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF PLAINT IN O.S.NO.143/2021 OF THE MUNSIFFS COURT, THIRUVALLA DATED 17.06.2021.

Exhibit P2 THE COPY OF ORDER IN IA 1/2021 IN O.S.NO.143 OF 2021 OF MUNSIFFS COURT, THIRUVALLA DATED 22.07.2021.