T.M. SUBBIAH Vs. ATHI V. SATHIAH

JUDGEMENT

(1.) These appeals are directed against the common Judgment and Decree dated 30.06.1999 passed in A.S. Nos. 7 and 10 of 1999 on the file of the learned Subordinate Judge, Devakottai. S.A. No. 16 of 2000

(2.) Previously the appellants herein filed a suit as against the respondents, in O.S. No. 15 of 1998 on the file of learned District Munsif, Devakottai, seeking the relief of permanent injunction restraining the defendants/respondents from interfering with the flow of water went through south - north and east-west channel and went up to Pirambuvayal tank. Further for restraining the defendants not to put up the barrage in the channel leads to Pirambuvayal tank. By judgment and decree dated 08.12.1998, the learned District Munsif, Devakottai, granted the decree of permanent injunction restraining the defendants from interfering with the flow of water ran up to Pirambuvayal tank. Aggrieved over the same, the defendants 1 to 6 preferred an appeal before the learned Subordinate Judge, Devakottai in A.S. No. 10 of 1999. The learned Subordinate Judge, Devakottai, by judgment and decree dated 30.06.1999, had allowed the appeal and set aside the decree passed by the learned District Munsif, Devakottai. Feeling aggrieved over the same, the plaintiffs in the suit are before this Court with the present second appeal. S.A. No. 17 of 2001

(3.) Before the trial Court the appellants in this appeal filed a suit as against the defendants in O.S. No. 15 of 1998 on the file of the learned District Munsif, Devakottai, seeking the relief of permanent injunction restraining the defendants from interfering with the flow of waste water came from Vellipatti, Kokaniyendal and Vemaniyendal in reaching Pirambuvayal tank. Further from restraining the defendants not to put up the barrage in the channel leads to Pirambuvayal tank. The learned District Munsif, Devakottai, by judgment and decree dated 08.12.1988, had allowed the suit in favour of the plaintiffs and passed the decree as prayed for.