Condominium building restrained from further constructing by court order

The plaintiff in this case been Ms. Shanthi Manel Gunawardane of No 41, Peters Lane, Dehiwala filled action against Green Hill Homes PVT of No.10, Vajira Road, Colombo 04, restraining them from building Ken towers situated at Peters Lane , Dehiwala.

The plaintiff filled action in case no 1398/SPL in the District Court of Mount Lavinia against the defendant on the basis that the defendant had sought to build the ken tower, not leaving the required two meters from Ms. Shanthi Manel Gunawardane’s property which is a requirement in law.

According to document Mark P 8 given by Dehiwala-Mount Lavinia Municipal Council dated 16 February 2017 the said defendant has been warned not to build or construct the said premises without adhering to the conditions given by the said Dehiwala – Mount Lavinia Municipal Council.

The Lawyers for the Plaintiff Ian Fernando with Prabath Liyange and Ms. Sumdu Rathnayake of Derek Fernando Associates obtained a restraining order against the defendant from building the said premises as the premises was built not leaving the required distance to the plaintiff’s property.

The Defendant were represented by Lasitha Kanuwanaarachi instructed by Reshan Gamage who vehemently opposed the granting of the said enjoining order stating that there is no provision in the Law to maintain such an enjoining order.

After hearing submissions, District Court of Mount Lavinia granted the enjoining order in favor of the Plaintiff Ms. Shanthi Manel Gunawardane against the defendant Green Hill Homes Private Limited from further building ken towers which is abutting the plaintiff’s land. The court granted enjoining order, the case is fixed for objections on 30th of May 2017. 


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