SARWAN LAL Vs. KANTI PRASAD

JUDGEMENT

(1.) This is an execution second appeal. The respondent had filed a suit against the present J. D., appellant, and the Municipal Board for the relief of injunction that after removal of the fuel wood stalls from the roadside parti adjacent to the plaintiffs property the defendants may be permanently restrained from encroaching the same and to refrain from obstructing free access to the road patri from any point in front of his land.

(2.) In spite of contest by the defendants the suit was decreed on 25-3-68. The Municipal Board, Aligarh, filed an appeal but the same was dismissed on 30-10-1968.

(3.) On 23-3-1978 an execution was taken out for the recovery of costs and for committing the judgment debtors to civil prison for their failure to comply with the injunction. The appellants filed an objection under S.47, C.P.C, contending that decree for mandatory injunction had become barred by time and could no longer be executed. The objection was dismissed by the executing court but on appeal the order was modified and it was held that only decree for mandatory injunction could not be executed because execution was launched more than three years after the decree in view of Art.135, Limitation Act. However, execution of the decree for prohibitory injunction could proceed and the appeal was partly allowed.