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V.Devananda Narasimham (Advocate)     22 February 2012

Violation of kpbrule,2011

In an Injunction suit, an IA filed by the petitioner under Order 39 Rule 1 r/w Sec.151 of CPC against upstairs constructions  of existing building which is constructed without  following the provisions contained in the Kerala Panchayat Raj Act, 1994 and Rules thereunder and obtaining prior permission or no objection from the Panchayat. The Munsiff court granted Ad.Interim Injunction  restraining  the respondent under further orders. Subsequently the respondent appeared before the court and sought time to file objections. Then he approched the Panchayat without stating meterial facts, court order and using influence,  obtained No Objection Certificate and continued the construction violating or challenging  the injunction order. The petitioner filed IA under Order 39 Rule 2A and petition for advance hearing. After hearing, the court dismissed the Ad.Interim injuction stating that the respondent obtained permission from local authority. Here the permission was obtained from panchayat  subsequently during the pendency of the Injunction order. The respondent without invoking Order 39 Rule 4 completed the construction violating the court order. What is the remedy available to the petitioner in this issue.


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