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2020 Supreme(Mad) 2171

RMT.TEEKAA RAMAN
Fawzunissa – Appellant
Versus
Indian Hotels Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.L. Ramesh.
For the Respondent: Elambharathi.

ORDER :

1. This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the order and decreetal order passed by the learned District Munsif at Udhagamandalam, in I.A. No. 953 of 2016 in O.S. No. 5 of 2016, dated 05.09.2018.

2. The plaintiff is the revision petitioner herein.

3. The brief facts of the case are as follows:-

    (i) The revision petitioner/plaintiff has filed the above said suit for mandatory injunction directing the respondents/defendants to remove the soil dumped on the plaintiff's land more fully described in the suit schedule property to the extent of ground level and to strengthen the retaining wall put up by the respondents/defendants.

(ii) The suit was pending for trial as the respondents/defendants having denied the averments of the petitioner/plaintiff.

(iii) During the month of July, 2016, due to the monsoon rain as apprehended by the petitioner/plaintiff, the entire retaining wall collapsed and fell on the plaintiff's suit schedule property and as much damaged to her property due to the negligence and carelessness of the respondents/defendants.

(iv) Since the respondents/defendants did not care to put proper foundation for the wa

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