V. NARAYANASWAMY Vs. CITY MUNICIPAL COUNCIL AND ORS.

JUDGEMENT

(1.) This is a plaintiff's second appeal challenging the judgment and decree passed by Sr. Civil Judge and JMFC, Chintamani in R.A. No. 4/2007 dated 04.03.2011 whereunder judgment and decree of permanent injunction granted by Civil Judge (Jr. Dn) and JMFC dated 07.12.2006 in O.S. No. 58/2001 came to be reversed and suit filed by plaintiff for perpetual injunction came to be dismissed.

(2.) The above appeal has been admitted on 21.03.2013 to consider the following substantial question of law:

(3.) I have heard the arguments of Sri Rajeshwar, learned Advocate appearing for appellant - plaintiff, Sri Ashok Mensinkai, learned Advocate appearing for respondent -1 and Sri M.J. Alva, learned Advocate appearing for respondent -2.