Case Summary
The plaintiff, Prince Xavier, seeks a permanent prohibitory injunction against the defendant, Kunjamma Chackapan, alleging unauthorized construction that encroaches on his property. The case revolves around the violation of building rules as the defendant is accused of expanding her building without the necessary permits and in violation of the required setbacks.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained by a permanent prohibitory injunction from extending the building in her property on the western side of the plaint schedule property, to the eastern side without maintaining the statutory setback.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court is satisfied that the apprehension of plaintiff is true regarding unauthorized construction without the necessary permits and the violation of statutory setbacks.
The court is satisfied that the apprehension of plaintiff is true regarding unauthorized construction without the necessary permits and the violation of statutory setbacks.
Judgment Evidence:
In the result, suit is decreed with costs. Defendant is restrained by a permanent prohibitory injunction from extending the building in her property on the western side of the plaint schedule property, to the eastern side without maintaining the statutory setback.
Parties Involved
Plaintiffs
Prince Xavier (51 years years)
Kootezhath House, Vyttila Desom, Poonithura Village, Kanayanur Taluk, Pin- 682019
Treesa Allesh (Age not specified years)
Defendants
Kunjamma Chackapan (66 years years)
Olangatt Edakkeriyil House (Kappans House), Thykoodam Church Road, Vyttila Desom, Poonithura Village, Kanayannur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained by a permanent prohibitory injunction from extending the building in her property on the western side of the plaint schedule property to the eastern side without maintaining the statutory setback.
Evidence:
Therefore, court is satisfied that plaintiff has proved his case. Therefore, court is satisfied that issue No.1 is found in favour of plaintiff and suit is liable to be decreed in his favour.
Documents & Evidence
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Produced by the defendant to support her claim that there is no illegal construction in the defendant’s property.
Reference:
Ext.B2
Document Type:
Occupancy Certificate
Submitted By:
Defendant
Relevance:
Produced by the defendant to support her claim that there is no illegal construction in the defendant’s property.
Reference:
Ext.B3
Document Type:
Original plan of building
Submitted By:
Defendant
Relevance:
Produced by the defendant to support her claim that there is no illegal construction in the defendant’s property.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reported that new construction was seen in the defendant’s property on the western side of the plaintiff's property.
Reference:
Ext.C1