AI Overview...
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Lateral Support Rights - The courts recognize the natural right to lateral support under Section 7 of the Indian Easements Act, and the loss or threat to this support can justify injunctions. RAJASEKHARAN NAIR vs ARJUNAN - Kerala, MATHEW @ KUNJOONJU vs MYTHEEN - Kerala, vs - Kerala
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Types of Injunctions - Both prohibitory and mandatory injunctions can be sought to prevent or restore lateral support. A mandatory injunction is issued to compel restoration or repair when lateral support is lost or threatened. K. J. JACOB VS NANDAGOPALAN - Kerala, GOPALAN vs NARAYANAN Advocate - R RAJESH KORMATH ,R RAJESH KORMATH - Kerala, CHACKO JOSEPH vs THOMAS PHILIP - Kerala, Lonappan VS Jacob - Kerala
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Conditions for Granting - Clear evidence of the structure, damage, and necessity is essential. Courts require sufficient proof of loss or threat to lateral support before granting a mandatory injunction. SIMON ABRAHAM Vs K.S.E.BOARD - Kerala, Aneesh vs Padinjare Malol Sadanandan - Kerala
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Case Law & Ratios - Courts have upheld the right to lateral support and have granted mandatory injunctions to restore support when it is proven that the defendant's actions caused or threatened damage. The initial denial of mandatory relief can be overturned if evidence supports the claim. MATHEW @ KUNJOONJU vs MYTHEEN - Kerala, RAJASEKHARAN NAIR vs ARJUNAN - Kerala
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Specific Judgments - Courts have ordered the restoration of lateral support, filling subsided areas, and restraining further construction to prevent damage, emphasizing the importance of protecting property rights through appropriate injunctions. CHACKO JOSEPH vs THOMAS PHILIP - Kerala, vs - Kerala, P. R. Narahari Rao VS State of Kerala - Supreme Court
Analysis and Conclusion: A mandatory injunction for lateral support is justified when there is clear evidence of damage or threat to the support, grounded in the natural right recognized under the Easements Act. Courts are willing to grant such relief to prevent or remedy injury to property, provided the claimant substantiates the claim with sufficient proof. The legal framework and case law affirm the importance of protecting property rights through appropriate injunctive relief.
Search Results for "Lateral Support Mandatory Injunction"
2010 Supreme(Online)(KER) 7880 • India - High Court of Kerala
K.S.RADHAKRISHNAN, S.S.SATHEESACHANDRAN, JJ
Issues: Whether the plaintiff is entitled to a mandatory injunction for lateral support and whether the damages granted were ... Ratio Decidendi: The court held that without clear evidence of the required structure and costs for lateral support, mandatory ... lateral support after acquisition of land, asserting damage due to construction by the Board and seeking compensation for land sliding ... He, therefore, sought a decree of #....
1982 0 Supreme(Ker) 167 • India - Kerala
P.SUBRAMONIAN POTI
A person threatened with injury to their right of lateral support can seek an injunction, and a mandatory injunction may be issued ... A person threatened with injury to their right of lateral support can seek an injunction, and a mandatory injunction may be issued ... If the injury has already occurred, a mandatory injunction may be issued to restore lateral #H....
2009 Supreme(Online)(KER) 10133 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Fact of the Case: Plaintiff filed for a mandatory injunction claiming loss of lateral support due to defendants removing ... Issues: Whether the lower courts were justified in granting mandatory injunction for lateral support based on the evidence ... Support - Property Law - Easements Act - Section 7 - The court upheld the right to lateral support as a natural right recognized ... Respondent N....
2013 Supreme(Online)(KER) 13349 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Fact of the Case: The plaintiff sought prohibitory and mandatory injunction against the appellant for lateral support ... Issues: Whether the plaintiff was entitled to a mandatory injunction for lateral support and how the northern boundary should ... The trial court granted prohibitory injunction but denied mandatory injunction, prompting an appeal. ... The respondent-plaintiff filed the suit ....
2012 Supreme(Online)(KER) 50913 • India - High Court of Kerala
THOMAS P.JOSEPH, J
and if the mandatory injunction was warranted based on the loss of support. ... loss of lateral support to property A. ... Easements - Lateral Support - Easements Act - Sections 6, 7 - The court confirmed the natural right to lateral support under the ... further earth from plaint B schedule resulting in loss of lateral support to plaint A schedule and for a mandatory i....
2024 Supreme(Online)(KER) 25114 • India - High Court of Kerala
VIJU ABRAHAM, J
Fact of the Case: The plaintiff filed for a mandatory injunction against the defendant, alleging loss of lateral support ... on lateral support withdrawal, emphasizing the need for comprehensive evidence for just adjudication. ... Commission - Mandatory Injunction - N/A - The court upheld the authority to remit a commissioner's report for further details ... The petitioner is the defendant in OS No.135 of 2020 on the file of the Munsiff Court, Vata....
2013 Supreme(Online)(KER) 46260 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Fact of the Case: The petitioner sought injunctions for the restoration of lateral support to the property, contending ... Injunction - Prohibitory and Mandatory Injunction - Kerala Court Fees and Suits Valuation Act, 1959 - Section 27 List - The court ... costs, affirming that the valuation under the correct section of the Act applied to the mandatory injunction claim. ... Petitioner sued the respondent for a decree for prohibitory and m....
2010 Supreme(Online)(KER) 29763 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Whether the first appellate court was correct in granting a mandatory injunction for restoration of lateral support ... The trial court initially granted a prohibitory injunction but denied mandatory relief. The respondent appealed. ... Ratio Decidendi: Lateral support is a natural right under Section 7 of the Indian Easements Act, and the loss of this support ... injunction granted by the first appellate....
2019 0 Supreme(Ker) 71 • India - Kerala
P.SOMARAJAN
, for a prohibitory injunction and a mandatory injunction, directing the defendants to restore the lateral support by constructing ... It was decreed by the trial court and the first appellate court granting declaration, prohibitory injunction and mandatory injunction ... over a large extent of property, but confined only to a small portion in the matter of easement by lateral support ? ... The suit is one for decl....
2012 0 Supreme(SC) 2707 • India - Supreme Court
G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
support. ... C) a mandatory injunction compelling defendants 1 to 6 to restore the collapsed portion of the eastern boundary wall of the plaint schedule property and the platform and to fill up the subsided area with soil under the supervision of the court and to restore and maintain lateral ... D) A mandatory injunction compelling the seventh defendant to restrain defendants I to 6 from carrying out any further constructions at Woody's Hotel, M.G. ... B) a permanent prohibitory #HL....
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