THE PRESIDENT, KADAMALAIPUTHUR VILLAGE PANCHAYAT Vs. KADAMALIPUTHUR VILLAGE IRRIGATION SOCIETY REPRESENTED BY ITS PRESIDENT AND; MANI

JUDGEMENT

(1.) This civil revision petition is filed by the first respondent/first defendant/first appellant/revision petitioner as against the judgment dated 01.07.2008 in C.M.A. No. 6 of 2006 passed by the Subordinate Judge, Madurantakam affirmed the fair order dated 11.8.2006 in I.A. No. 1024 of 2006 in O.S. No. 151 of 2006 passed by the District Munsif, Madurantakam.

(2.) The First Appellate Court in his judgment in C.M.A. No. 6 of 2006 has inter alia come to the conclusion that the trial Court has rightly granted the relief of interim injunction in restraining the defendants, their men etc. from any way cutting or removing the trees in the Kadamalaiputhur Lake in I.A. No. 1024 of 2006 and resultantly, confirmed the order of the trial Court and dismissed the civil miscellaneous appeal without costs.

(3.) The trial Court while passing orders in I.A. No. 1024 of 2006 in O.S. No. 151 of 2006 has inter alia that 'if the trees are cut and carried away, the petitioners Association would be put to serious loss and on the other hand if the trees remained intact and the respondents succeed in the suit then they could very well cut and carry the trees and these trees are not time bound one or trees which would lose their value or wither away with the passing of time and that the velikathan trees would gain in weight and value with the passing of every day and therefore, by granting of an order of injunction the respondents would not be put to any loss and hardship and resultantly, allowed the application of temporary injunction without costs.