JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the concurrent findings of the Courts below passed a decree for mandatory injunction against the defendant/first appellant to remove the constructions put up on the common wall in the suit property, the present Second appeal is filed.

2. The parties are referred to as per their own ranking before the Courts below.

3. The brief facts leading to the filing of the present second appeal is as follows:

3.1. The plaintiff and the defendant are the owners of the properties adjacent to each other. The plaintiff is the owner of the property situated within the north of the defendant's property as well as the defendant is the owner of the property situated within the south of the plaintiff's property. There is a common east-west compound wall in their properties and it is common to both of them. The height of the common wall is only about 5.1/4 feet. The plaintiff is mostly residing in Coimbatore. The suit property situated is far away from his residence. In the year 1985, the defendant had unlawfully and illegally raised the height of the common compound wall in the middle to the length of 50 feet and to a height of 10 feet and put a tiled struct