retaining wall as directed by the first appellate court and a
compound wall over the retaining wall at the portion where it has
collapsed ... appellant shall construct compound wall on the
retaining wall at such portions where the compound wall has
already collapsed as reported by the Advocate Commissioner
show that compound wall was demolished
by the petitioner. According to the learned counsel, possibility of
compound wall collapsing in rain cannot be ruled ... respondents filing E.P.No.394 of 2008 that compound wall
had collapsed. Question is whether it was due to the intervention of
any human
petitioners removed earth
adjoining the compound wall and it resulted in a portion of the
compound wall collapsing. Petitioners resisted execution petition
and contended that ... earth using JCB and tipper lorries
and that resulted in the collapse of wall. It is their case that earth
was removed at a depth
found a
wall which is 2-3 days old. The pillars of the gate has the same
oldness of the wall ... wall at the triangular portion
(appears to be ABG in Ext.C3, plan) was constructed recently as
portion of the wall had collapsed
compound wall on the eastern side of
plaint A schedule which is the physical boundary, that was almost in a
collapsed state as reported ... Commissioner reported in Ext.C3 about the
existence of the collapsed compound wall (on the east of plaint
compound wall on the eastern side of
plaint A schedule which is the physical boundary, that was almost in a
collapsed state as reported ... Commissioner reported in Ext.C3 about the
existence of the collapsed compound wall (on the east of plaint
side of
item No.4 (stone wall) due to which a portion of that stone wall
was collapsed (item No.5). It is accordingly that ... plaint as item No.5 and portion
of the stone wall (item No.4) collapsed shown as item No.5 in the
plaint schedule originally
Code is incorporated for causing damage to
the compound wall of PW1 who gave first information.
6. PW1 is not a witness to the alleged ... came to the scene of occurrence and found his compound wall in a
collapsed state and gave first information regarding the incident. PW5 claimed
that
taken immediately after institution of the
suit, Commissioner has reported that boundary wall of the respondent
is quite old. According to the respondent even after ... continued resulting in a portion of the
compound wall of plaint A schedule item No.1 collapsing. Exts
evidence that the bus hit the deceased against the
compound wall, what they told the police officer in the course of
investigation is that ... mahazar for scene of occurrence shows that
the compound wall on the western side had collapsed. That gives
support to the evidence
