PARVATHY Vs. PARVATHY

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff has filed a suit in O.S.No.13/2001 seeking the relief of (i) a Permanent Injunction from obstructing the plaintiff installing an Oil Engine in the common well in S.No.127/2B of Ariyur Village amended as per order in I.A.No.62 of 2002 dtd. 22/1/2002 and pumping out water through the same in alternate days for irrigating her lands in S.Nos.126/1B and 127/2C in Ariyur Village and (ii) Interdicting the defendant and his men and family members by a pipeline underneath the common path in S.No.127/2B to a depth of three feet crossing East West Panchayat road for carrying water from her family exclusive well to irrigate the schedule lands.

(3.) The suit was decreed and the defendant has preferred A.S.No.31/2006 before the Sub-Court, Namakkal, wherein, the appeal was partly-allowed in respect of relief No.'A' and dismissed in respect of relief No.'B' and hence, with regard to the disallowed portion of rejection of 'B' relief in the appeal, the appellant/plaintiff has preferred this Second Appeal.