The short question that arises for consideration in this second appeal is whether a party aggrieved by the dismissal of an application under Order XXXIX Rule 2A of C.P.C. filed for taking action for disobedience or breach of injunction, can challenge the same in an appeal filed under O. XLI Rule 1 against the original decree, without recourse to a separate appeal as provided under Order XLIII Rule 1 (r) of the code.

The facts necessary for a decision on this point are as follows: Defendants in O.S.600 of 1982 on the file of the Munsiff s Court, Trichur are the appellants. The respondent-plaintiff filed a suit for injunction restraining the defendants 1 to 7 from entering into the plaint schedule property, cutting and removing trees therefrom and from making a road through any portion of the plaint property. In the suit the respondent contended that on the western side of the plaint property there is a panchayat road lying north to south and another panchayat road lying on the southern side of the property east to west. According to the respondent the appellants requested the respondent to surrender some land for widening these panchayat roads and as he refused to surrend