GULABI SHEDTHI Vs. VITAL SHETTY

JUDGEMENT

(1.) This writ petition is directed against the order dated 29.5.2008 passed in Execution Petition No. 113/1993 on the file of the Prl. Civil Judge (Sr.Dn.), Kundapur.

(2.) The petitioner is the plaintiff. He had filed a suit for permanent and mandatory injunction restraining the defendants and their men from obstructing or blocking the pathway of 5 feet width running South to North and lying in the easternmost portion or on any portion and alternatively, if the Court finds that the pathway in question has been closed by the defendants then for a mandatory injunction directing the defendants or such of them to open the pathway on the 'B' schedule property so as to enable the plaintiff to reach the 'A' schedule property within a time to be fixed by the Court and on failure of the defendants to do so giving liberty to the plaintiff to get it done through process of the Court by executing the decree at the costs of the defendants.

(3.) The said suit was decreed by the learned Civil Judge, by a judgment and decree dated 31.10.1986. The operative portion of the judgment reads as under: