A. D. DESAI, T. U. MEHTA, J.

( 1 ) THE question which is involved in this appeal is whether putting up of an obstruction on a piece of land which is required to be kept open by a decree of permanent injunction granted by a Civil Court amounts to a continuing wrong as contemplated by sec. 23 of the Limitation Act 1908 or not.

( 2 ) SHORT facts of the case are that the appellant of this appeal is the Kalol District Municipality against whom the present respondents have obtained a decree for perpetual injunction restraining the appellant from alienating 50 feet of public street land situate near Railway Station at Kalol in Mehsana District and directing it to keep the said land open permanently for public road. The said decree was obtained by the Respondents in Suit No. 61 of 1947-48 from the Court of the Civil Judge at Kalol. The decree was passed on 18-4-50. It is found that thereafter several cabins were erected on the disputed land with the result that the Respondents gave a Darkhast for their removal. This Darkhast was registered as Execution Application No 35/50 but it was disposed off as withdrawn on 29-3-1952. Thereafter another Darkhast was given in the year 1957 being Executi

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