JUDGMENT

The Civil Miscellaneous Appeal is directed against the judgment and decree passed in A.S.No.35 of 2019 dated 23.03.2022 on the file of the Principal Subordinate Court, Kumbakonam.

2. The respondent/plaintiff, who is the Executive Officer of Arulmigu Someswarar Swamy Temple, Kumbakonam, has laid a suit in O.S.No.419 of 2014 against the appellant/defendant claiming the reliefs of permanent injunction restraining the appellant/defendant and his men from in any manner making permanent constructions so as to hide the tower of the Temple and for mandatory injunction directing the appellant/defendant to demolish the constructions made, in such a way, which hide the tower of the Temple.

3. The learned Principal District Munsif, after framing necessary issues, has proceeded with the trial, wherein, the respondent/plaintiff has examined two witnesses as P.W.1 and P.W.2 and exhibited seven documents as Ex.A.1 to Ex.A.7 and that the appellant/defendant has examined himself as D.W.1 and adduced no documentary evidence. The Advocate Commissioner's report and plan have been exhibited as Ex.C.1 and Ex.C.2.

4. The learned Principal District Munsif, upon considering the evidence, both oral and