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2011 Supreme(Ker) 512

M.SASIDHARAN NAMBIAR
Jessy Raju – Appellant
Versus
Zacharia – Respondent


Advocates Appeared:
For the Petitioners:R. Rajasekharan Pillai, George T. Thacheet, Advocates.
For the Respondent:S.V. Balakrishna Iyer, Sr. Advocate, R. Padmakumar, Advocate.

JUDGMENT

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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