Case Summary
The petitioners, Nidhu and Shyny, are seeking modification of a temporary injunction that restrains them from constructing a building. The counter petitioners, Justin Jerald, Sheena John, John, and Thiruvananthapuram Corporation, oppose the construction, claiming it violates earlier orders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Modification of the temporary injunction allowing construction per approved plans.
Case Type
Civil Suit
Final Judgment
No
The court ruled that the petitioners are allowed to construct their building as per the approved plan and permit, provided they fully comply with the Kerala Building Rules without violating prior court orders.
Why Plaintiff Won:
The court found that the petitioners have complied with all necessary approvals and regulations.
The court found that the petitioners have complied with all necessary approvals and regulations.
Losing Side's Weaknesses:
The court found that the petitioners have complied with all necessary approvals and regulations.
The court found that the petitioners have complied with all necessary approvals and regulations.
Supporting Evidence
Gone through the copies of approved plan and permit produced from the side of the petitioners. It is to be noted that the main prayer in the suit is to restrain the petitioners from making any construction in the plaint B schedule property against the conditions in the approved plan and violating any provisions of Kerala Building Rules.
Judgment Evidence:
It is made clear that the order passed by this Court on 31/08/2017 will not stand in the way of the petitioners making constructions in their property strictly as per the approved plan and permit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Justin Jerald
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheena John
- Party Age
- 43
- Party Role
- Plaintiff
- Party Name
- John
- Party Age
- 79
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thiruvananthapuram Corporation
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Nidhu
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shyny
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Approved plan and permit from Thiruvananthapuram Municipal Corporation.
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.D.Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.S.Syamkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.B.Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
The petitioners are allowed to construct their building strictly in accordance with the approved permit and plan.
Evidence:
it is made clear that the petitioners are free to construct the building strictly in accordance with the approved permit and plan issued by the relevant authorities
Documents & Evidence
Document Type:
Approved plan and permit
Submitted By:
Plaintiff
Relevance:
The court reviewed the approved plan and permit as evidence that the petitioners were allowed to construct in accordance with the regulations.
Reference:
Document Type:
Order dated 31/08/2017
Submitted By:
Court
Relevance:
The court clarified the limitations set by the previous order regarding construction activities.
Reference:
IA 5400/2017
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017