Honble RAMASWAMY, J. – This appeal by special leave arises from the judgment of the learned single Judge of the Allahabad High Court, made on 9-4-1980 in Execution Second Appeal No.789 of 1969.

(2) The admitted facts are that the appellant had filed Suit No. 1023/61 against the respondent for perpetual injunction and also for mandatory injunction restraining him from blocking passage of 5 ft. between the house of the appellant and that of respondents and for removal of the obstruction. It was decreed by the trial Court on March 30,1964 which was confirmed by the appellate Court on December 10,1964. Thus, the decree of mandatory injunction to remove the obstruction and perpetual injunction restraining the respondent from blocking the passage of the appellants through the ``OADEMLP area of the land shown in the decree of the trial Court. When the appellants had filed an application for execution under Order 21, Rule 32, CPC in Execution Case No. 2903/65, the respondent had removed the obstruction and consequently,the execution case was struck out on February 25,1966 on the finding that the passage had been cleared and obstruction was removed.That was also upheld by the appellate Court

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