MOHAMED GANI Vs. HABIBULLAH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the learned Subordinate Judge, Madurai in A.S.No.60 of 1985 in reversing that of the learned District Munsif, Thirumangalam in O.S.No.936 of 1983. The plaintiff is the appellant in the present second appeal.

(2.) THE plaintiff filed the suit for mandatory injunction for directing the defendants to remove the obstruction to the windows on the plaintiff's property, on the north side or for the court itself to direct the court staff to carry out the said direction, for permanent injunction restraining the defendants from interfering with the plaintiff's putting up upper floor in his property and putting up windows on the north side of his property and for mandatory injunction directing the removal of the newly put up common wall on the north side of the plaintiff's property and to restore the common pathway in between the plaintiff's property and defendants" property.

(3.) AS far as the claim of the plaintiff seeking mandatory injunction for the removal of the wall said to have been put up by the defendants on the alleged common pathway, it can be easily disposed of for the reason that there is no satisfactory evidence on the side of the plaintiff regarding the existence of the common pathway. Even on the basis of his own allegation in the plaint, the wall was put up in 1981-82. The suit itself has been filed only on 22.10.1983 and there is no justification for claiming mandatory relief in the said context.