High CourtsDivision Bench(1912) 04 MAD CK 0023

Kandadai Ramanujachariar vs Pranatharti Harachariar

Madras High Court · Decided on 16 April 1912 · Citation: 14 Ind. Cas. 588

HON’BLE JUDGES
Sadasiva Aiyar, J · Miller, J

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Judgment

6 paragraphs · 132 words
1.

We do not think the decree is incapable of execution. We construe it as entitling the plaintiff to the demolition of a continuous length of about 40

feet of wall newly erected over the old party-wall. From the counter-petitions of defendants in the proceedings of 1905, it seems clear that this wall

included the portions marked, D, E and F in the sketch referred to by the District Munsif, and whether it included anything to the north of the

portion marked D may be determined on evidence to be now taken. Bhugobat Singh v. Ram Adhim Singh 22 W.R. 330. We reverse the decree

of the District Judge and remand the matter to the District Munsif for disposal in the light of the above remarks.

2.

Costs will abide the result.