YOGESH VIJAYVARGIYA Vs. PRAFULL JUOSHI

JUDGEMENT

(1.) The appellants/defendants have filed this appeal under section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 5.12.2011 passed by District Judge, Guna in Civil Appeal No.29A of 2010 confirming the judgment and decree dated 3.9.2010 passed by the Court of I Civil Judge Class II, Guna in Civil Suit No. 10A of 2010 whereby, the suit filed by the respondents/plaintiffs in representative capacity under section 91 of the Code, of Civil Procedure against the appellants/defendants for restraining them from causing nuisance by playing music system DJ near the colony where the plaintiffs reside, was decreed. In this appeal, the appellants are referred to as ''defendants '' and the respondents as ''plaintiffs'.

(2.) The facts in brief of the case are that the plaintiffs are residents of Mathkari Colony Guna and there exists a marriage Garden owned by the defendants namely Pawan Shree Mangalik Bhawan (which hereinafter would be referred to as ''marriage garden ''), where during marriage season, the DJ system is played till late in the night up to 1 AM, owing to which, public residing in the vicinity faces great problems. It has been further stated in the plaint that the smoke arises out of the Tandoor Bhatti of the Marriage Garden also creates a lot of trouble to the residents of the colony. Even the garbage of the marriage garden is thrown by the employees in the colony. Hence, the plaintiffs filed a suit against the defendants for the relief stated above,

(3.) After framing of issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court decreed the suit of the plaintiffs against the defendants as stated above.