J U D G M E N T

This appeal arises from the judgment dated 09.11.2011 in A.S. No.25 of 2007 of the Additional District Court (Adhoc-II), Manjeri interfering with dismissal of O.S. No.9 of 2005 of the Munsiff's Court, Perinthalmanna to the extent it concerned refusal of the trial court to grant decree for mandatory injunction.

2. The respondent-plaintiff filed the suit for a decree for prohibitory and mandatory injunction. The respondent claimed lateral support to the suit property belonging to him from property of the appellant situated on the North. The respondent alleged that the appellant has removed earth from his property which affected support to the suit property. Prohibitory injunction prayed for was to restrain the appellant from removing soil further from his property on the north of the suit property while mandatory injunction was to direct the appellant construct retaining wall along northern boundary of the suit property so as to give support to that property.

3. The appellant contended that he removed earth from his property after leaving two feet space on the northern side of property of the respondent, that two feet wide space also belonged to the appellant and hence t