ANILKUMAR Vs. K. RAJENDRAN

JUDGEMENT

(1.) The concurrent orders of interim mandatory injunction issued by two courts below in a suit for prohibitory injunction directing restoration of status quo ante as it existed prior to the date of institution of the suit, are assailed by defendants in this original petition filed under Article 227 of the Constitution of India.

(2.) The legal question that arises for consideration is whether court has power in a suit instituted for permanent prohibitory injunction to issue temporary mandatory injunction directing the defendants in the suit to put the property in dispute back to its original position as it existed anterior to the suit.

(3.) The petitioners/defendants are owners of plaint 'B' schedule item Nos.1 and 2 in the suit. The sole respondent/plaintiff owns plaint 'A' schedule 50 cents. The parties purchased respective portions of land from common owners. The plaint 'A' and 'B' schedule properties lie respectively on the eastern and western sides of plaint 'C' schedule pathway which measures a width of 3.7 meters.