GOPINATHAN NAIR Vs. GEORGE P. JACOB

JUDGEMENT

(1.) ADMIT .

(2.) THE following substantial questions of law are framed for a decision:

(3.) THE suit property belongs to the respondent as per sale deed No.474 of 1979. Property of the appellant is situated on the west of the suit property. The appellant removed soil from his property leaving one metre wide space to provide lateral support for the suit property. Later, on 01.01.2007 the appellant removed soil from that one metre space also consequent to which a portion of the compound wall and a room belonging to the respondent collapsed on 17.07.2007. Hence the respondent prayed for a decree for mandatory injunction to direct the appellant construct retaining wall and provide lateral support for the suit property and for recovery of damages to the tune of Rs.30,000.00.