LEELAVATHY AMMA Vs. SETHUMADHAVAN

JUDGEMENT

(1.) THE suit was one for a declaration of a right of way and for prohibitory and mandatory injunction. The trial court initially dismissed the suit and the same was reversed in appeal and the suit decreed. The decree of the lower appellate court is as under:

(2.) THE appellate decree was clarified in S.A.No.1006 of 1989 by this Court by observing as follows:-

(3.) THE Amin as well as the Advocate Commissioner shall increase the height of the arch to such a level that lorry/bus/car is freely able to pass underneath along the plaint B schedule property. The width of the pathway shall also be kept at 9 feet as per the modified decree in S.A.No.1006 of 1989 by this Court. The vehicles should be able to pass freely over the entirety of the width of the pathway and the arch need be pulled up if required for that purpose. The impugned order of the court below is modified to the above extent. The original petition is allowed. No costs.