( 1 ) THIS Appeal is directed against the judgment and decree dismissing the plaintiffs suit rendered by the learned Judge of the City Civil Court (9th Court), Ahmedabad on 28-12-1987 in Civil Suit No. 792 of 1982.

( 2 ) THE plaintiff-appellant filed the suit for a mandatory injunction directing the defendant to remove the electric section pillar erected by the defendant in front of and adjacent to the plaintiffs property. The plaintiffs property is located in panditjis Pole, Sarangpur, Ahmedabad in Khadia Ward 3 and bears Survey No. 2481, hereinafter described as "the suit property". The suit property is abutting on the public road and it is the case of the plaintiff that on the southern side of the entrance door of the suit property the defendant-company erected the aforesaid section pillar. It is the case of the plaintiff that the existence of the said section pillar not only obstructs the passage of the plaintiff, but it also causes annoyance and nuisance inasmuch as passers-by and the people from the neighbouring area would throw dirt and dust nearby the pillar. It is, therefore, alleged by the plaintiff that the erection of the section pillar amounts to a clea