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2013 Supreme(Ker) 1104

P.N.RAVINDRAN
Valsamma Thomas – Appellant
Versus
Abdul Rahiman – Respondent


Advocates Appeared:
For the Appellant :K. Jayakumar (Sr. Advocate), John Joseph Vettikad, Joseph Abraham (Kottayam) & C. Joseph Johny.
For the Respondent: Biju Abraham.

JUDGMENT :

The petitioners are the plaintiffs in O.S.No.147 of 2013 on the file of the Court of the Subordinate Judge of Ottappalam. The respondent is the sole defendant therein. The petitioners have in O.S.No.147 of 2013 prayed for the following reliefs:-

"A. Direct the defendant by an order of Mandatory Injunction to give adequate and sufficient lateral support to the Plaint schedule item no.1 & 2 properties on its north and from where earth has been excavated and removed by the Defendant, by constructing necessary concrete retainer wall as may be indicated by a qualified competent engineer deputed by this Hon'ble Court, and also to restore the original condition of the Plaint schedule property and in case the Defendant fails to do so allow the Plaintiffs to do the said work under the supervision of this Hon'ble Court and to realize the cost thereof from the Defendant and his assets.

B. Restrain the Defendant or anybody under him from further digging or excavating the earth from the subjacent and adjacent land that lies to the north of the Plaint schedule property and belonging to the Defendant.

C. Allow the plaintiffs to realize damages of Rs.2,01,000/- as per the statement furn




















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