KARUPPANNAN Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The plaintiff in O.S. No. 74 of 2010 on the file of the Additional District Munsif, Karur is the appellant in the second appeal. The defendants therein are the respondents in the second appeal.

(2.) Karuppannan, the appellant herein, filed the above said suit for a declaration that the action taken by the defendants by erecting Oil Engine Generators or any other kind of machineries in plaint 'B' schedule property causing nuisance will result in discomfort to him and his family members, for a permanent injunction restraining the defendants from erecting a telecommunication tower in the plaint 'B' schedule property till the disposal of the suit and for cost. The suit was resisted by the respondents herein and after trial, the learned trial Judge, by judgment and decree dated 08.10.2010, decreed the suit in respect of the prayer for injunction and dismissed the suit in respect of the prayer for declaration.

(3.) Aggrieved by the dismissal of the suit in respect of declaration, Karuppannan, the appellant herein, filed an appeal in A.S. No. 20 of 2011 on the file of the Additional Sub-Judge, Karur. The first respondent herein preferred a cross appeal challenging that part of the decree of the trial Court granting the relief of injunction. The learned lower appellate Judge chose to dismiss the appeal preferred by Karuppannan, the appellant in the second appeal/plaintiff in the original suit, namely A.S. No. 20 of 2011 by a judgment and decree dated 24.01.2012. Thereafter, the learned lower appellate Judge, took up the cross-appeal filed by the first respondent herein separately, allowed the same by a separate judgment and decree dated 13.09.2013 and thereby set aside the decree granted by the trial Court for permanent injunction, ultimately resulting in the dismissal of the suit in entirety.