BALDEV CHAND Vs. DANDU RAM

JUDGEMENT

(1.) Being aggrieved and dissatisfied with judgment dtd. 29/9/2022, passed by learned Additional District Judge, Sarkaghat, District Mandi, Himachal Pradesh in Civil Appeal no. 09 of 2022, setting aside order dtd. 25/4/2023, passed by learned Civil Judge, Court No.2 Sarkaghat, Mandi, Himachal Pradesh, dismissing application under Order XXXIX, rules 1 and 2 CPC, having been filed by the respondents/plaintiffs (hereinafter, 'plaintiffs'), restraining the petitioners/defendants (hereinafter, 'defendants') from plying thrashing machine in front of their house alongwith diesel engine, defendants have approached this court in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside the aforesaid impugned judgment and restore the order dtd. 25/4/2022, consequently dismissing the application filed by plaintiffs for ad interim injunction.

(2.) Precisely, the facts of the case, as emerge from the record, are that the plaintiffs filed a suit for permanent prohibitory and mandatory injunctions under Ss. 38 and 39 of the Specific Relief Act, restraining the defendants from plying thrashing machine for thrashing wheat in front of their house. Plaintiffs averred in the plaint, that on account of use of thrashing machine, huge noise and air pollution is being caused, as a result of which plaintiffs and their family members have fallen sick. Alongwith suit, plaintiffs filed an application under Order XXXIX rule 1 and 2 CPC, for ad interim injunction against the defendants, restraining them from using the machine in front of their house.

(3.) Aforesaid suit and application for injunction filed by plaintiffs came to be resisted by defendants by filing written statement and reply to stay application stating therein that thrashing machine has been installed on the own land of the defendants and that is far away from residential house of the plaintiffs. Defendants stated in the written statement and reply to application that adequate measures have been taken on the spot to prevent any kind of pollution, as such, suit deserves dismissal.