BASAVARAJ Vs. NARAYANASAMY

JUDGEMENT

(1.) This Revision under Art. 227 of the Constitution is directed against the order of the Execution Court in dismissing E.P. 2 of 2009 which was filed for executing a decree of mandatory injunction, on grounds of bar of limitation.

(2.) The facts relevant for the current purpose are:

(3.) Placing strong reliance on the authority in Onidpudur Weavers Co-operative Production and Sales Society Ltd., Rep.by its Special Officer,Others Vs. VelumaniOthers [AIR 1977 S.C. 1259], the learned counsel for the petitioner would argue, that the decree is not the one for mandatory injunction simpliciter, but it is an allied relief to the decree of declaration of petitioner's right of pathway and also a prohibitory decree that such right should not be interfered with. Consequently, de hors the mandatory injunction, the petitioner is entitled to enforce the prohibitory injunction. Reliance was also placed on M.A. Raja Vs. S. Vedhantham Pillaifour others [2000 (II) CTC 199], Kannu Gounder Vs. Natesa Gounder [(2004)-3- LW 43] and Sampath Nattar Vs. Gnana Sivam (deceased)Others [indiankanoon. org/doc/488148]