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
The petition for a temporary injunction against the defendants was dismissed by the court. The court held that the plaintiffs failed to prove a prima facie case and that the balance of convenience favored the defendants.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The learned counsel for petitioner objected Ext B2 as it does not specify the details of the building sought to be uplifted. Further placed reliance upon the decision in Biju Kuriakose V. State of Kerala, 2021 2 KHC 642, wherein Hon'ble High court of Kerala has held that work of lifting building by way of mechanical jack lifting technology, but not raising level of land, would fall under alteration of building, for which building permit is required.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph
- Party Age
- 71
- Relation
- S/o Late Ouseph
- Party Role
- Plaintiff
- Party Name
- Jessy
- Party Age
- 70
- Relation
- W/o Joseph
- Party Role
- Defendant
- Party Name
- Noble George
- Party Age
- 41
- Relation
- S/o George
- Party Role
- Defendant
- Party Name
- Anupama Noble
- Party Age
- 36
- Relation
- W/o Noble George
Plaintiffs Documents
Certified copy of Sale deed no: 1079/1998 of Ernakulam SRO, Certified copy of Settlement deed no: 5124/1999 of Ernakulam SRO, Tax receipt, Building tax receipt
Defendants Documents
No Objection Certificate issued by Kochi Corporation, Copy of Contract between the Respondents and Contractor, Copy of the Order of Hon'ble High Court of Kerala in WP(c) No: 42964 of 2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V M Sajan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashitha Pauly
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sidharth S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athul G T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Tom Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajana P S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Fahma Rafi
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Joseph et al vs Noble George et al regarding temporary mandatory injunction
Case Code Year
Case between Joseph et al vs Noble George et al regarding temporary mandatory injunction