JUDGMENT :

1. Since an identical issue and common question of law are involved in both the appeals, they are heard analogously and are being disposed of by this common judgment.

2. Second Appeal No. 7 of 2009 has been filed by the appellant/defendant being aggrieved by the judgment and decree dated 15-9-2008 passed by the Additional District Judge, Mungeli, Bilaspur in Civil Appeal No.10-A/2007 confirming the judgment and decree dated 19-3-2007 passed in Civil Suit No.26-A/99 by Civil Judge Class-1, Mungeli Bilaspur whereby the suit filed by the plaintiff has been allowed and counter claim of defendant No.1 has been rejected.

3. Second Appeal No. 8 of 2009 has been filed by the defendant/appellant against the judgment and decree dated 15- 9-2008 passed by the Additional District Judge, Mungeli Bilaspur in Civil Appeal No. 7A/2007 partly reversing the judgment and decree dated 19-3-2007 passed in Civil Suit No.26-A/99 by the Civil Judge, Class-1, Mungeli Bilaspur.

4. Both the appeals have been admitted by this court on 27-8-2011 on the following substantial questions of law:

(i) Whether both the courts below have committed an illegality by granting decree of permanent injunction in f