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1996 Supreme(SC) 10

K.RAMASWAMY, G.B.PATTANAIK
Krishna Kumar Agrawal – Appellant
Versus
Jai Kumar Jain – Respondent


ORDER

Leave granted.

2. We have heard the counsel for the parties. This Court issued notice confining to the question as indicated in our order dated August 21, 1995 which reads thus :-

"It is contended for the petitioners that interpreting the operative part of the decree of the trial Court, namely,

"It is, accordingly declared that the defendants have absolutely no right to close the windows and ventilators in the northern wall of the plaintiffs house and he interfere with the same in any way causing diminution in the light and air to which the plaintiffs are entitled to and have been enjoying as of contractual right consequently they are directed to remove the walls or any other restructure made adjacent to the northern wall of the plaintiffs house within two months failing which the plaintiffs house within two months failing which the plaintiffs shall have right to get the same removed in due process of law in the interest of finally of the dispute it is hereby made clear that the defendants shall be at liberty to raise their wall after leaving a set back of 3 feet from the northern wall of plaintiffs so as to enable to later to enjoy the light and air in terms of the sale deed of






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