SH. VIJAY KUMAR Vs. SH. SUBHKARAN AND ANOTHER

JUDGEMENT

(1.) Petitioners-Defendants have preferred this petition against the judgment dated 27.11.2017 passed by learned Additional District Judge (III), Kangra at Dharamshala in Civil Miscellaneous Appeal No. 02- D/XIV/2016, whereby on reversal of the order dated 29.09.2015 passed by learned Civil Judge, Dharamshala in an application under Order 39 Rules 1 and 2 CPC, registered as CMA No. 187/2015 has restrained them from running their industry 'Vishu Steel Products' at the present site i.e. village Barol, Post Office, Dari, Tehsil Dharamshala, District Kangra, H.P.

(2.) Respondent No.1-plaintiff is neighbour of petitioner-defendant. He filed a suit for the decree of permanent prohibitory injunction restraining them from causing any noise/sound pollution and nuisance by running their industry in that area, which according to him is residential.

(3.) The stand of the petitioner-defendant, however, is that after acquiring the plot adjoining to that of the plaintiff, they raised construction thereon. In the ground floor, shops are situated, whereas, upper floor is being used as residence. They initially were running their industry at M/s Vishu Products, Brij Lal Road, Kotwali Bazar, Dharamshala. The certificate of registration dated 102.1986 is Annexure P-12, whereas, the registration of the industry for the purpose of Central Sale Tax of the same date is also part of Annexure P-12. The certificate issued by the General Manager, District Industries Centre, Kangra at Dharamshala is Annexure P-11. As per these documents, the permission to defendants was granted to run the industry at Brij Lal Road, Kotwali Bazar, Dharamshala. In Annexure P-11, there is endorsement dated 18.04.2012, regarding change of site from Kotwali Bazar, Dharamshala to Village Barol, Post Office, Dari, Tehsil Dharamshala, District, Kangra, H.P., the present site.