M.SASIDHARAN NAMBIAR
Jessy Raju – Appellant
Versus
Zacharia – Respondent
1. Plaintiffs in O.S.330 of 1996 on the file of Munsiff Court, Mavelikkara are the appellants. Respondent is the defendant. The suit was one for permanent prohibitory injunction. Plaint A schedule property belongs to the first appellant and plaint B schedule property to the second appellant. Plaint C schedule property of the respondent lies immediately to the east of the plaint A and B schedule properties. Admittedly, plaint A and B schedule properties are on a higher level than plaint C schedule property which is on a lower level. The properties are slopping from west to east. The grievance of the appellants is that respondent started escavating the plaint C schedule property upto the western boundary of plaint C schedule property and thereby respondent is taking away the lateral support available to the plaint A and B schedule properties and he has no right to do so. A decree for mandatory injunction was sought to construct a retaining wall so as to restore the lateral support, which was lost by removal of soil from the plaint C schedule property and also for a permanent prohibitory injunction from further escavation and thereby removing the lateral support. Respondent re
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