KARUNAMBAL; SIGAMANI; TAMILMANI; THIRUGNANASAMBANDAM Vs. CHIDAMBARASAMY

JUDGEMENT

(1.) The challenge by the defendants by means of this Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the First Appellate Court dated 07.10.2008 passed in A.S. No. 61 of 2007 reversing the judgment of the trial Court dated 19.06.2007 passed in O.S. No. 98 of 2002 decreeing the suit as prayed for.

(2.) The respondent as plaintiff had filed the suit O.S. No. 98 of 2002 claiming relief of permanent injunction restraining the defendants from interfering with his rights from irrigating the suit schedule lands in S. Nos. 38 A 2 and 28 B 1 through the pipeline running through S. No. 28 C and for injunction against them for obstructing him from maintaining the said pipeline.

(3.) The defence of the defendants was that they never objected or obstructed to get irrigated from the well situate in S.No. 38 A2 to S.No. 28 B 1. According to the defendants, their predecessor Chellamuthu Gounder already obtained necessary permission to take Amaravathy water to irrigate his lands and that the plaintiff has been illegally taking water from the said river for irrigation of his land in S. No. 38 A2. It is further stated by the defendants that the relief sought for by the plaintiff is in respect of Government poramboke for which the Government is a necessary party. Therefore, according to the defendants, the suit without adding the Government as a party is not maintainable.