K.RAJU Vs. MOSES SEBASTIAN

JUDGEMENT

(1.) The petitioner is the plaintiff in a suit filed for specific performance of an agreement as well for permanent prohibitory injunction pending before the Munsiff Court, Punalur as O.S. No. 121 of 2020.

(2.) Admittedly, plaint item No.1 property is owned and possessed by the petitioner and item No.2 property situated on the western side is owned and possessed by the defendant/respondent. In the suit, the petitioner has filed a petition for temporary injunction as I.A. No. 1 of 2020 alleging that excavation of earth adjacent to the compound wall situated on the western side of item No.1 property which separates it from item No.2 property has caused damages to the wall and affected its lateral support. Excavation of earth was because of the construction of a residential building in the property of the respondent. It is the case of the petitioner that when damage was caused to the compound wall, an agreement was executed between the parties that the earth excavated in extensive depth will be restored by the respondent and thus no damage will be caused to the compound wall. But against the stipulations in the agreement, the respondent has committed mischief and the wall is in such a condition that it may collapse at any time especially during monsoon and hence the injunction petition was preferred. But the injunction petition was dismissed by the court below. Though the petitioner has challenged the said order before the appellate court, he could not succeed. Hence this O.P. has been filed to set aside the order of the trial court which was confirmed by the appellate court as well to direct the respondent to stop the construction of the building in his property.

(3.) The respondent was directed to stop construction of the building in his property at the time of admission and after his appearance, the matter was heard.