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
The court found in favor of the plaintiff, confirming that the defendant's construction violated building regulations and granted an injunction against further encroachment.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
It is evident that the construction already made in western side of plaint schedule property is made without proper statutory setback. Therefore any further construction would result in infringement of rights of plaintiff as a neighbouring property owner.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Prince Xavier
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Treesa Allesh
- Relation
- Mother
- Party Role
- Defendant
- Party Name
- Kunjamma Chackapan
- Party Age
- 66
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Certified copy of deed no: 2856/1988, Building permit bearing no: KRPI-1198/89, Occupancy certificate bearing no: KRPI-1198/89, Building tax receipt, Tax receipt from Village Office Poonithura, Original of Building Plan, Original application of RTI, Original reply of the Public Information Officer, Photographs (5 nos.) and CD
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S Shyam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kishorekumar M V
- Appearance Type
- Main Counsel
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
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 Prince Xavier vs Kunjamma Chackapan regarding permanent prohibitory injunction.
Case Code Year
Case between Prince Xavier vs Kunjamma Chackapan regarding permanent prohibitory injunction.