JUDGMENT

Ext.P6 order in OS No.135 of 2020 on the file of the Munsiff court, Vatakara is challenged in this original petition.

2. The petitioner is the defendant in OS No.135 of 2020 on the file of the Munsiff Court, Vatakara and the respondent herein is the plaintiff in the suit filed for mandatory injunction to restore the lateral support to the plaint B schedule property. The suit has been filed alleging that the defendant removed the soil from the portion of his property adjoining plaint B schedule property and thereby reduced the height of the property by three metres, by which the lateral support of the property of the petitioner has been lost.

3. The petitioner who is the defendant filed written statement contending that a very strong boundary wall was constructed of red stone and the same is in existence separating the property of the plaintiff and the defendant, and that the boundary wall was in existence at the time when the defendant purchased the property. The demand of the plaintiff is to demolish the said wall and construct a new one in the manner and height as suggested by him. It is also contended that there is no weakness to the existing boundary wall and the plaint B