SUBBAMMAL Vs. VENKATACHALAM

JUDGEMENT

(1.) THE above second appeal arises against the Judgment and Decree of the Learned First Additional District Judge, Coimbatore dated 30.12.1997 in A.S.No.59 of 1997 confirming the Judgment and Decree of the Learned First Additional Munsiff, Coimbatore, dated 06.01.1997 in O.S.No.1166 of 1994.

(2.) THE un-successful plaintiff is the appellant. THE suit is filed for mandatory injunction directing the respondents to remove the temple constructed in front of the appellant's house thereby preventing access to the appellant to reach the highway.

(3.) BOTH the courts held that the property in which the temple is constructed is a Government poromboke and is not a property belonging to the 2nd respondent and the appellant/plaintiff has got access to the road from the remaining portion from his house to the highway and the existence of the temple will not prevent the appellant/plaintiff from having access to the highway and therefore, the temple is not a nuisance to the plaintiff and therefore, the appellant/plaintiff is not entitled to the relief prayed for. Aggrieved by the same, the Second Appeal is filed by the appellant.