NATARAJAN Vs. NATARAJAN

JUDGEMENT

(1.) Respondent in A.S. No. 27 of 1999 on the file of Subordinate Judge's Court, Namakkal is the revision petitioner herein.

(2.) The facts that are necessary for disposal of this revision could be summarised thus.- Petitioner herein is plaintiff, who filed the suit O.S. No. 263 of 1988 on the file of District Munsif's Court, Namakkal, for permanent prohibitory injunction restraining defendant from interfering in his possession of the property and also to restrain defendant from blasting rocks in their property, which is injurious to plaintiff's enjoyment of his property and for consequently reliefs.

(3.) The suit was seriously opposed by respondent herein and the Trial Court took oral and documentary evidence. It pronounced judgment decreeing the suit on 29.1.1999. Before pronouncing judgment, Trial Court has also taken into consideration the report of the Commissioner, which are marked as Exs. C-1 and C-2. No objection was filed by respondent herein to that report and plan. After evaluating entire evidence, Trial Court came to the conclusion that blasting of rocks is dangerous and the broken stones enters plaintiff's property and the same is liable to be prevented.