PRESIDENT THANJAVUR DIOCESE SOCIETY Vs. NIRMALA NAGAR

JUDGEMENT

(1.) THE appellant calls in question the legality and correctness of the judgment and decree dated 10.01.2003 on the file of Principal District Judge, Thanjavur in A.S.No.94 of 2002 confirming the judgment and decree dated 28.06.2002 in O.S.No.85 of 2000 on the file of District Munsif, Thanjavur.

(2.) THE respondents preferred a suit in O.S.No.69 of 1993 before the Subordinate Court, Thanjavur against the appellant for a judgment and decree of permanent injunction restraining the appellant and his men from in any manner interfering with the peaceful common possession and common enjoyment of the schedule property by the respondents without doing any construction or fencing in the suit property and for other incidental reliefs.

(3.) THE suit was resisted by the appellant by filing written statement, wherein it was contended that the suit property happens to be reserved for the use of the Diocese and never intended to be included in the lay out. It was further stated that the intention of the true owner has already been put into action, which is evident by the construction of a Church in plot-A. THE appellant also denied the existence of common well and the usage of the property by the respondents and others. THE appellant further contended that they have also taken steps to remove the Municipal bore well and hand pipe erected in the second item of suit property. THE appellant further contended in the written statement that the lay out has not been submitted for approval to any authority and as such, the same has not been approved by the Director of Town Planning and accordingly, the appellant prayed for dismissal of the suit, as according to the appellant, the reserved property was earmarked only for the future use of the appellant.