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Kandadai Ramanujachariar Vs. Pranatharti Harachariar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.588
AppellantKandadai Ramanujachariar
RespondentPranatharti Harachariar
Cases ReferredBhugobat Singh v. Ram Adhim Singh
Excerpt:
decree - execution--decree directiny demolition of a portion of a wall--decree capable of execution--identity of subject-matter--evidence. - 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.
Judgment:

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.


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