Mehinder Singh Sullar, J. - (1.) HAVING kept the law laid down by Hon'ble Apex Court in case Kashmir Singh v. Harnam Singh and Anr. : 2008 (2) R.C.R. (Civil) 688 : AIR 2008 (SC) 1749 into focus, now the short and significant question, though important that arises for determination is, as to whether any substantial question of law is involved in the instant regular second appeal, so as to invoke the jurisdiction vested in this Court under Section 100 Code of Civil Procedure . or not ?
(2.) THE contour of the facts, culminating in the commencement, relevant for the disposal of the present appeal and emanating from the record, is that Khushi Ram Yadav son of Chander Singh Respondent No. 1 -Plaintiff (for brevity "the Plaintiff"), filed the suit for a decree of permanent/mandatory injunction, restraining Mohar Singh Yadav son of Mistri Kishan Dev Appellant -Defendant No. 1 and his brothers Daulat Ram Yadav and Ashok Kumar Yadav proforma Respondent Nos. 2 and 3 -Defendants (for short "the Defendants"), to stop the operation of machines, denominated by letters M -1 & M -2, depicted in the site plan installed in their factory. The case set up by the Plaintiff, in brief in so far as relevant, was that he is owner and in possession of his residential house, described by letters ABCD shown in the site plan, within the residential/municipal area. The Defendants are owners of the adjoining house. They have installed two machines (dandas/leth) for manufacturing utensils with 7.5 horse power electric motor. The factory portion is situated at a distance of 10 -12 feet from the house of the Plaintiff. According to the Plaintiff that the installation and operation of machines are emitting loud and irritating voice with strong vibration causing cracks in the nearby walls.
(3.) LEVELLING a variety of allegations and narrating the sequence of events, in all, the Plaintiff claimed that the Defendants have no right to carry out the commercial use and to make utensils in the residential property, causing, noise pollution, mental agony, discomfort, nuisance to him & other inhabitants of the village and cracks in the nearby houses. He asked the Defendants to stop the running of machines in the residential premises, but in vain, which necessitated him to file the suit. On the basis of aforesaid allegations, the Plaintiff filed the suit for a decree of permanent/mandatory injunction against the Defendants, in the manner indicated hereinabove.;