LAWS(APH)-1960-10-1

BENDAKAYALA ABDUL RAJACK Vs. VASTAD ABDUL LATHEEF

Decided On October 25, 1960
BENDAKAYALA ABDUL RAJACK Appellant
V/S
VASTAD ABDUL LATHEEF Respondents

JUDGEMENT

(1.) This is a Petition to revise the order of the District Munsif, Nandyal, in E. p. No. 302 of 1959 in C. M. A. No. 27 of 1959 (Additional Sub-Court. Kurnool).

(2.) The relevant facts are as follows:-Abdul Lateef, the respondent filed O. S no. 66 of 1958 in the Court of the District Munsif, Nandyal Praying for a declaration that he was a Peish Imam and Muttawalli of a certain mosque and that he was entitled to exercise the rights of such office and for the issue of a permanent injunction restraining the defendants from disturbing him in exercising those rights. The plaintiff filed I. A. No. 320 of 1958 in the District Mun-sifs Court, Nandyal asking for a temporary injunction against the defendants. The learned District Munsif passed an order of temporary injunction on 22-4-1958. The eight defendants took the matter in appeal in C. M. A. No. 27 of 1959 in the Court of the Additional Subordinate Judge, Kurnool in that Court, both parties filed a joint memo and accordingly, the learned Subordinate Judge passed an order as follows:-

(3.) The point for consideration is whether Order 21, Rule 32 (1) C. P. C applies to mandatory injunctions?