V V PALANISAMY Vs. V V NATARAJAN

JUDGEMENT

(1.) THESE two-second appeals have arisen from the common judgment of the learned Second Additional District Judge, Coimbatore, made in A.S.Nos.141 and 142 of 2002, which were preferred challenging the judgments of the trial Court made in O.S.Nos.6 of 2001 and 114 of 2000.

(2.) THE plaintiff in O.S.No.114 of 2000 sought the relief of permanent injunction restraining the defendants from in any way interfering with the plaintiff's right to use the passage which is situate on the south of the suit property and for carrying out the repairs and maintenance of the southern wall, which is shown as ABCD in the plaint plan.

(3.) THE suit was resisted by the defendant, who is the plaintiff in O.S.No.114 of 2000, inter alia stating that the suit itself has been filed as a counter blast to the suit filed by him in O.S.No.114 of 2000, wherein he sought permanent injunction restraining the defendants therein from interfering with his right to use the passage, which is situate on the south of the suit property for carrying out the repairs and maintenance of the southern wall shown as ABCD; that the defendant has constructed his house as per the plan approved by the authorities; that since there was no encroachment into the plaintiff's property, there is no question of any mandatory injunction for removal or leaving any space; that the defendant's construction was well within his land and that on the contrary, it was the plaintiff in this suit who prevented him from exercising his right to enter into the property for the purpose of repair and white washing on the south and hence, the suit was to be dismissed.