SIMON Vs. ATHIRAMPUZHA PANCHAYAT

JUDGEMENT

(1.) The question that is posed in the revision is whether a decree can be executed in parts To be more specific, the question is whether after a decree granting mandatory injunction has become unexecutable because of bar of limitation, the other part of the decree granting perpetual injunction can be enforced by the Court

(2.) The petitioner is the decree holder. In the plaint he sought for the following reliefs:

(3.) After trial all the reliefs prayed for were not granted. However, a mandatory injunction directing defendants to restore the B & C Schedule roads to the original condition and to take steps for avoiding flow of water from the A and B schedule property was granted besides prohibitory injunction. The prohibitory injunction granted by the court on a perpetual basis were the following: