SUNIL JAIN Vs. NEGARATHINAM

JUDGEMENT

(1.) O.S. As at the instance of the fifth and sixth defendants in C.S. No.21 of 2000 on the file of this Court, in which, the following prayers have been made(i) directing the defendants to jointly and severally bind themselves to pay sum of Rs.11,00,000/- as damages to the plaintiff(ii) issuing mandatory injunction directing defendants 5 and 6 to strictly comply with all the relevant rules and regulations of the Corporation of Chennai, so far as it relates to the planning permission issued to the defendants 5 and 6 to put up construction at No.29-A Nowroji Road, Chetpet, Chennai-31 and directing the defendants not to put up 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 and also directing the defendants that the passage on the southern side of the plaintiff's property is kept totally free of passage for the use of the plaintiff and his family.(iii) issuing a mandatory injunction directing the defendants 5 and 6 to remove the unauthoritsed construction put up and presently existing at No.29-A Nowroji Road, Chennai-3 and(iv) issuing a permanent injunction restraining the defendants, their men, servants agents and persons under them from interfering with the peaceful possession and prescriptive rights of the plaintiff and his family enjoyed in the passage in the plan which is annexed to the plaint.

(2.) PENDING suit, the plaintiff has filed three interim application:(i) O.A. No.31 of 2000 for interim injunction restraining the appellants herein from putting up any construction in any manner, either permanent or temporary nature, measuring 600 sq.ft which is shown in the plan annexed with the plaint at No.29A Nowroji Road, Chetpet, Chennai-31 and also to keep the passage totally free as passage for the use of the plaintiff and his family(ii) O.A. No.32 of 2000 for interim injunction restraining the defendants from interfering with the peaceful possession and prescriptive rights of the plaintiff and his family enjoyed in the said passage and (iii) O.A.No.95 of 2000 for interim injunction restraining the appellants from putting up any construction in any manner and from putting up the second floor at No.20-6 Nowroji Road, Chetpet, Chennai-31.