RAMAN NAMBISSAN Vs. DAMODARAN NAMBISSAN

JUDGEMENT

(1.) Revision petitioner is the decree holder who filed Execution Petition for enforcement of mandatory decree in O.S. 126 of 1976. He also sought enforcement of the prohibitory injunction against the respondents in terms of the decree. The executing Court dismissed the Execution Petition holding that enforcement of mandatory injunction cannot be granted as it is barred by limitation.

(2.) The question that arises for consideration is whether decree for mandatory injunction can be enforced by the decree holder disregarding the period of limitation. Art.135 of the Limitation Act provides that for the enforcement of the decree granting mandatory injunction the period of limitation is 3 years from the date of decree or where a date is fixed for performance, of such date. As the decree was passed on 26-5-1988, the prayer in the Execution Petition for enforcement of the decree is barred by limitation.

(3.) Next question that arises for consideration is whether the learned Munsiff was justified in holding that the revision petitioner is not entitled to the relief regarding of prohibitory injunction. The learned Munsiff held that this is a case where the revision petitioner has no grievance or case that the prohibitory injunction granted in his favour was ever disobeyed or violated by the respondents and hence he cannot seek the enforcement of the decree of prohibitory injunction. Counsel for the revision petitioner submitted that the Munsiff was not justified in holding so and she overlooked the averments in the Execution Petition.