Jithesh Sreedharan vs Preetha Anil Advocate - VINOD K S — 100333/2022

Case Summary: CMA No. 333/2022 Court Decision: The Additional District Judge allowed the appellants' appeal and granted a temporary injunction restraining the respondents from further excavating land within five meters adjacent to the northern boundary of the plaintiffs' property until suit disposal. The court rejected the lower court's dismissal, finding the plaintiffs entitled to lateral support rights despite their building construction. Key Reasoning: Although the respondents argued the plaintiffs forfeited lateral support rights by altering property conditions through building construction, the court held that purchasers of subdivided plots remain entitled to lateral support. The court found irreparable loss would result if excavation continued adjacent to the building. This case analysis is maintained by casestatus.in based on publicly available court records.