ASSADULLAH AHANGER Vs. ABDUL AHAD AHANGER

JUDGEMENT

(1.) This revision is directed against an interim order recorded on 29.11.1999 by the learned Sub Judge, Budgam, in case arising of Civil Original suit titled as Abdul Ahad Ahanger vs. Assadullah Ahanger.

(2.) It appears that suit for perpetual injunction came to be instituted before the trial court by the respondent-plaintiff praying there in that the petitioner - defendant be permanently restrained to install a Lathe Machine on the land comprising under Survey Nos. 1113 and 1115 located at Nowgam adjacent to the house of the plaintiff-respondent and also permanently restraining him from running his factory in such a way which may adversely affect his house. In the plaint, it is inter alia averred that plaintiff and defendant have constructed their houses adjacent to each other on the said survey numbers and the defendant has installed a Lathe Machine there. That now the defendant wants to extend his business by demolishing his house which may adversely affect the house of the plaintiff-respondent in as such as there is likelihood of collapsing the house when the said Machine shall start running. Alongside the suit, the respondent plaintiff came to file an application for issuance of perpetual injunction. The trial court, by virtue of the impugned order, came to accept the application, the operative portion of the order is reproduced below : -

(3.) Heard learned counsel for the parties.