KALIAMMAL Vs. D C ARUNACHALAM

JUDGEMENT

(1.) DEFENDANTS 3 and 4 in O.S. No. 19 of 1969 on the file of District Munsif Court, Coimbatore are the revision petitioners.

(2.) THE matter arises in execution. A decree was obtained by plaintiffs on 23.8.1972 declaring their right to use the cart track and defendants and their men were restrained by means of permanent prohibitory injunction from interfering with the plaintiffs' right in the same.

(3.) LEARNED counsel for petitioners submitted that the application under Order 21, Rule 32(5) of Code of Civil Procedure is not maintainable when the decree is only for declaration and permanent prohibitory injunction. The argument is, the provisions of Rule 32(5) will apply only in case of mandatory decree and in this case, there is no direction of mandatory nature issued to the judgment -debtors. Reliance was also placed by learned counsel on the following decisions: