GOKULAKRISHNAN
K. Karuppanna Mudaliar – Appellant
Versus
Kuttianna Mudaliar – Respondent
ORDER:- This revision petition arises out of an order refusing to permit the petitioner to amend the plaint and the plan attached thereto. The petitioner herein who is the plaintiff in O. S. 153 of 1969 filed the said suit for declaring the plaintiff's right to drain wash water of the kitchen and bath room and rain water falling from the eaves of his house through the vent towards east through the drain, for restraining the defendant, his men, heirs and assigns etc. from interfering with and disturbing in any manner with the peaceful enjoyment of the said right by means of a permanent injunction and for directing the defendant to remove the obstruction to the vent on the east and in case the defendant fails to comply with the decree, the same may be removed by court and the defendant may be made liable for the expenses. Along with the plaint, the petitioner herein filed a plan showing the location of the respective houses of the parties and the vent alleged in the plaint. The trial court decreed the suit as prayed for. Aggrieved by the decision of the trial court, the respondent herein preferred A. S. 53 of 1973 on the file of the Additional Sub Court, Erode. While that ma
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