JUDGMENT :

A.K.SIKRI, J.

Leave granted.

2. By means of these appeals the appellant challenged the judgment and order dated 29.05.2013 passed by the High Court of Judicature at Allahabad in Second Appeal Nos. 622 of 2013 and 623 of 2013 whereby the High Court has allowed these appeals of the respondent and set aside the judgment and decree that was passed by the Trial Court in favour of the appellant and also upheld by the First Appellate Court. The chronology of the events is as under:

3. The respondent started running the business of Flour Mill, Oil Mill and Expeller, Ice Factory etc. which were operated on electricity from his residential accommodation. The appellant, who is an advocate, is the owner and resident of the adjoining house, which has a common wall with the house of the respondent.

4. According to the appellant, from the year 2003 the respondent started operating the above said flour mill with machines, on diesel engine, which started causing severe vibrations and air pollution. The vibrations caused by the machines cracked the wall of the appellant and the pollution emitted was detrimentally affecting the health of the appellant and his family members. The appellant being