SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD Vs. VADIVELU

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree in A.S.No.33 of 1996 on the file of Subordinate Court, Sankagiri confirming the Judgment and Decree in O.S.No.237 of 1993 on the file of District Munsif Court, Sankagiri.

(2.) THE defendants in the suit are the appellants in the above second appeal. THE respondents are the plaintiffs in the suit. THE plaintiffs filed O.S.No.237 of 1993 against the defendants for the following reliefs:(a) Pass a Decree for permanent injunction in favour of the plaintiff and against the defendants(b) restraining the defendants and their subordinates from in any way erecting or putting any new Electricity poles and laying new wires and giving any new connections in the existing pole in suit properties or in the alternative(C) directing the defendants to put new poles in front of the s.No.62/1, 68/1 and 68/2 and connecting some other poles out of suit properties. Through the courses shown as AOBCF and GHIJ in the plaint rough plan No.2 (C1) Grant a permanent mandatory injunction directing the defendants to remove the poles and wire drawn in S.Nos.678/1 and 68/2 failing which making provisions for executing the permanent mandatory decree(d) awarding the cost of this suit.

(3.) BEFORE the trial court, the first plaintiff was examined as P.W.1 and 8 documents Exs.A-1 to A-8 were marked. On the side of the defendants, D.W.-1 was examined and Exs.B-1 & B-2 were marked.