Case Summary
Joseph and Jessy are the plaintiffs who own a property next to Noble George and Anupama Noble, the defendants. The plaintiffs sought a temporary injunction to prevent the defendants from raising their building without proper permits, fearing it may endanger their property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to demonstrate a prima facie case and were unable to establish that a temporary injunction was necessary.
The plaintiffs failed to demonstrate a prima facie case and were unable to establish that a temporary injunction was necessary.
Judgment Evidence:
Therefore from the above discussion, court is satisfied that petitioner has failed to prove a prima facie case. Also balance of convenience is in favour of respondents as the upliftment work already started and from Ext.C2 it is evident that it is almost completed also. Therefore, curtailing the work midway is more dangerous to the assets of the petitioners.
Parties Involved
Plaintiffs
Joseph (71 years years)
Mangakkara Kuttikkadu House, Kaloor Kara, Kaloor P O, Pin 682 017, Elamkulam Village, Kanayannoor Taluk, Ernakulam District
Jessy (70 years years)
Mangakkara Kuttikkadu House, Kaloor Kara, Kaloor P O, Pin 682 017, Elamkulam Village, Kanayannoor Taluk, Ernakulam District
Defendants
Noble George (41 years years)
Koottungal House, Thekkumbhagom, Vellarappilly South P O, Pin 683 580, Vellarappilly South Village, Kanayannoor Taluk, Ernakulam
Anupama Noble (36 years years)
Koottungal House, Thekkumbhagom, Vellarappilly South P O, Pin 683 580, Vellarappilly South Village, Kanayannoor Taluk, Ernakulam
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for temporary injunction restraining the defendants from raising the building in the B schedule without any permission
Evidence:
The court is satisfied that petitioner has failed to prove a prima facie case.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no: 1079/1998 of Ernakulam SRO
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed no: 5124/1999 of Ernakulam SRO
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 05.03.2025
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt dated 07.03.2025
Reference:
Ext.A4
Document Type:
No Objection Certificate
Submitted By:
Defendant
Relevance:
No Objection Certificate issued by Kochi Corporation dated 03.01.2025
Reference:
Ext.B1
Document Type:
Contract
Submitted By:
Defendant
Relevance:
Copy of Contract between the Respondents and Contractor
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Copy of the Order of Hon'ble High Court of Kerala in WP(c) No: 42964 of 2024
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 3/25 dated 02.07.2025
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 5/25 dated 03.10.2025
Reference:
Ext.C2