openings etc., in the said common wall.
2. The defendants contended that the wall in which the windows in the suit were opened ... Judge continued:-
The old wall is a common wall. Thus assuming that the new wall is also a party wall, it could not be said
served upon the defendants; not to open the two windows and arches in the common wall to the west of the defendants' place
thus :-
(i) Entry constructed to living room window wall by
removing the brick masonry wall;
(ii) Common brick masonry wall of bedroom was partially
demolished
trial Court directed the present appellant - defendant No.1 to
remove unauthorized window forthwith at his own cost.
3. Learned counsel for the applicant assailing ... respondent No.1 - original plaintiff that the
unauthorized window has been constructed in the common wall
which stands between the property of the appellant
closed by the respondent by fitting a wooden
frame. A door and window with the said wooden frame was affixed
and as such the western ... Shutters of the
windows were cut into two pieces and an Almirah was permanently
fixed in the said space. The common wall on the western
were heard by the Assistant Judge, Kiramgaon, together as they involved certain common questions of fact and law.
8. The Assistant Judge came ... easement of taking light and air through the windows in the western wall. The, appellate Court agreed with the conclusion reached by the trial Court
suit house fall into the plaintiff's chowk, (3) the windows of the suit house on the two floors overlook the plaintiff ... joint wall between the plaintiff's house and the suit house up to the plaintiff's chowk. It is common ground that under
Jan Adalat Through Shaikh Ibrahim Abdul ... vs The State Of Maharashtra And Anr on 1
examined PW1 - Rajkumar Pawar. The spot panchanama shows that there
was a common safety door for flat no.4 belonging to the accused and there ... opened by using
force. Windows of flat no.4 were in closed condition. There was a photo
hanging on the wall. At the backside
partition walls, changing location and size of door and windows in the said flat and/or closing the originally provided doors and windows and opening ... small window in the Eastern wall of the living room of Flat No. 1 was removed and replaced by a far bigger window by demolishing