Case Summary
The petitioners, Omana Unni and her children, are seeking a temporary injunction against the defendant, K.V. Joy, regarding excavation activities that could affect their property. The court allowed the petition based on an undertaking from the respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against excavation of soil without due sanction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the respondent undertook not to excavate without proper sanction, ensuring the safety of the petitioners' property.
The court found that the respondent undertook not to excavate without proper sanction, ensuring the safety of the petitioners' property.
Judgment Evidence:
Hence by recording the undertaking affidavit, petition is allowed by restraining the respondent from excavating soil from their property without obtaining due sanction from the authorities concerned.
Parties Involved
Plaintiffs
Omana Unni (64 years)
Palakkal House, Near KKB Timbers Saw Mill, East Pallikkara, Kumarapuram P.O., Kunnathunadu Village, Ernakulam District, Pin : 683565.
Chinchu Unni (34 years)
Palakkal House, Near KKB Timbers Saw Mill, East Pallikkara, Kumarapuram P.O., Kunnathunadu Village, Ernakulam District, Pin : 683565.
Meera P. Unni (31 years)
Palakkal House, Near KKB Timbers Saw Mill, East Pallikkara, Kumarapuram P.O., Kunnathunadu Village, Ernakulam District, Pin : 683565.
Defendants
K.V. Joy (74 years)
Kallappara House, Kumarapuram P.O., Morakkala Kara, Kunnathunadu Village, Ernakulam District, Pin : 683565.
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the respondent from excavating soil from their property without obtaining due sanction from the authorities.
Evidence:
Petitioner is seeking for a temporary injunction which was agreed to by the respondent by on undertaking incorporated in the counter affidavit.