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WP (C) No. 28908 of 2010 (O). Case: Sundar Raj Vs S. Sarasamma. High Court of Kerala (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberWP (C) No. 28908 of 2010 (O)
CounselFor Appellant: G.P. Shinod, Adv. and For Respondents: No Appearance
JudgesThomas P. Joseph, J.
IssueBuilding Rules
Judgement DateSeptember 17, 2010
CourtHigh Court of Kerala (India)

Judgment:

Thomas P. Joseph, J.

  1. This writ petition is filed by claim petitioner Nos. 2 to 4 in O.S. No. 90 of 2000 of the court of learned Additional Munsiff-II, Neyyattinkkara. Respondent No. 1 has obtained a decree against respondent No. 1 for prohibitory injunction and mandatory injunction for demolition of the building in question on the allegation that it is constructed in violation of the Building Rules. Respondent Nos. 3 to 5 are legal representatives of deceased claim petitioner No. 1. Learned Munsiff has granted decree for prohibitory injunction and mandatory injunction as aforesaid. Petitioners and deceased claim petitioner No. 1 claimed that they are also entitled to a share in the suit property and that suit for partition is pending. Respondent No. 1 in collusion with respondent No. 2 obtained a decree to defeat their rights. Learned Munsiff dismissed the claim petition vide order dated 31-08-2010. Application for copy has been preferred on 02-09-2010. Grievance of petitioners is that they are not so far issued a copy of the order but in the meantime the building is going to be demolished on 18-09-2010. It is therefore prayed in this writ petition that learned Additional Munsiff-II, Neyyattinkara is directed to issue carbon copy of the order dated 31-08-2010...

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