NALLAMMAL Vs. MARIMUTHU BOYAN AND ANR

JUDGEMENT

(1.) This Second Appeal has been filed by one Nallammal and arises out of proceedings (E.P.No. 1830 of 1964) taken in execution of a decree in O.S. No. 354 of 1940 on the file of the District Munsif, Erode. The decree restrained Nallammal, who was judgment-debtor 3 in the suit, and the other judgment-debtors by a permanent injunction "from throwing rubbish or heaping mud, building-stones or other materials to the south of the gateway marked G in Exhibit 11 (e), and in any manner obstructing the access of the plaintiffs to their houses from the Local Fund Road leading to Bhavani through such gateway". Put in plain terms, the decree directed that the judgment-debtors should not obstruct the access of the plaintiffs to their houses from the Local Fund Road leading to Bhavani through the gateway marked G in the Commissioner's plan marked as Exhibit II (e), in the suit and attached to the decree.

(2.) The plaintiffs filed an execution petition E.P. No. 1830 of 1964 alleging that contrary to the injunction granted by the decree, the judgment-debtors and, in particular, the appellant were obstructing their access to the house by putting up a cross wall.

(3.) The appellant in her counter contended that it was not permissible for the decree-holders to invoke a decree which was passed so long ago as in 1941, and that the execution petition was filed only because of recent enmity. She further relied on the fact in putting up the construction she had secured the permission of the Panchayat Board and that the decree-holders had not objected during the construction.