JACOB P.ABRAHAM Vs. MOHAN V.MANI

JUDGEMENT

(1.) THE suit is one for the recovery of possession, fixation of boundary and for injunction against trespass. The suit was decreed and the possession delivered over by Amin. The boundary was also fixed as per the decree and a compound wall constructed by the plaintiff/decree holder.

(2.) THE complaint of the decree holder is that portions of the compound wall were demolished on 21-9-2007. An execution application was filed complaining of violation of decree under Order XXI Rule 32 of the Code of Civil Procedure. The pendente lite transferees of the property were also impleaded as respondents in the execution application.

(3.) THE petitioners however undertake to reconstruct the demolished portion of the compound wall. The dimension of the compound wall has been specified as 2 feet 3feet in Ext.C4 report of the Commissioner. The compound wall as per the dimension mentioned shall be reconstructed by the petitioners within a period of one month The impugned order of the court below is modified accordingly. The Original Petition (Civil) is disposed of. No costs.