GOPAL Vs. KAMALAM

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and decree in A.S.No.102 of 1996 on the file of the Court of II Additional District Judge, Coimbatore. The defendant, who has lost his defence before the Courts below, is the appellant herein.

(2.) THE suit is for directing the defendant to demolish the compound wall constructed in the passage of the suit property mentioned as "XY" in the plan by way of mandatory injunction and also for permanent injunction restraining the defendant, his men and agents from interfering with the peaceful possession and enjoyment of plaintiffs by cutting the eves projecting towards the passage in the suit property.

(3.) ON the above pleadings, the learned trial Judge has framed five issues for trial. P.W.1 to P.W.3 were examined and Exs P1 to P6 were marked on the side of the plaintiffs. D.W.1 was examined and Exs B1 and B2 were marked. A Commissioner was appointed in this case and his report is Ex C1 and his plan is Ex C2.