V NAGARATHINAM Vs. PADMADEVI

JUDGEMENT

(1.) Nagarathinam, the plaintiff filed a suit seeking for direction to the defendants to pay a sum of Rs. 11,00,000/- as damages, mandatory injunction directing the defendants 5 and 6 to comply with the relevant rules, so far as it may relate to the planning permission issued to them to put up construction at No. 29-A, Nowroji Road, Chennai, direction to the defendants 5 and 6 not to up construction on the northern side of the plaintiff's property and direct them to keep the passage free for the use of the plaintiff, mandatory injunction directing the defendants 5 and 6 to remove unauthorised construction presently existing and for permanent injunction restraining the defendants from interfering with the peaceful possession and prescriptive rights of the plaintiff enjoyed in passage shown in the plan.

(2.) The averments made in the plaint are as follows :-

(3.) Pending the suit, the plaintiff filed these applications, namely, O.A. No. 31 of 2000 seeking for interim injunction restraining the respondents 5 and 6 to put up any construction in any manner either permanent or of a temporary nature, measuring 600 sq. ft. which is shown in the plan annexed with the plaint at No. 29-A, Nowroji Road, Chetpet, Chennai-31 and also directing the respondents that the passage on the southern side of the applicant's property is kept totally free as passage for the use of the applicant and his family, O.A. No. 32 of 2000 for interim injunction restraining the defendants/respondents from interfering with the peaceful possession and prescriptive rights of the plaintiff/applicant and his family enjoyed in the said passage and O.A. No. 95 of 2000 for interim injunction restraining the respondents to proceed with any construction in any manner either permanent or of a temporary nature, at No. 29-A, Nowroji Road, Chetpet, Chennai-31 and also directing the respondents not to proceed with the construction of the second floor in the said building.