G. NATARAJAN Vs. VENKATESAN AND ORS.

JUDGEMENT

(1.) THE 1st defendant in O.S. No. 6611 of 2005 on the file of the learned IV Assistant Judge, City Civil Court, Chennai, is the appellant herein. The plaintiff in the said suit is the 1st respondent herein. The other defendants in the said suit are the respondents 2 and 3 herein. The said suit was filed by the 1st respondent/plaintiff for mandatory injunction directing the 1st defendant to remove the unauthorized constructions of a wall measuring an extent of 2 feet x 6 feet in the common pathway on the eastern side of the plaintiff's property leading to Brick Kiln Road described as B -schedule property and to remove the illegal and unauthorized construction to an extent of 2 feet x 25 feet constructed on the eastern side of the plaintiff's property described as C -schedule and to close the illegal opening made on the northern side of the 1st defendant's building described in A -schedule and for other reliefs.

(2.) THE trial court dismissed the said suit by a decree and judgement dated 23.12.2010. As against the same, the 1st respondent/plaintiff filed an appeal in A.S. No. 468 of 2011 before the learned VI Additional Judge, City Civil Court, Chennai. The first appellate court by a decree and judgement dated 07.01.2014 allowed the appeal, set aside the decree and judgement of the trial court and decreed the suit as prayed for. As against the same, the 1st defendant is now before this court with this second appeal.

(3.) I have heard the learned counsel for the appellant and the learned counsel for the 1st respondent and also perused the records carefully.