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1999 Supreme(Mad) 1131

S.S.SUBRAMANI
Kaliammal and another – Appellant
Versus
D. C. Arunachalam and others – Respondent


Advocates:
Mr.K. Srinivasan, Advocate for Petitioners. Mr.C. Chinnaswamy Senior Counsel for Mr.S.Haja Mohindeen Gisti, for Respondents.

Judgment :

1. Defendants 3 and 4 in O.S. No. 19 of 1969 on the file of District Munsif Court, Coimbatore are the revision petitioners.

2. The matter arises in execution. A decree was obtained by plaintiffs on 28. 1972 declaring their right to use the cart track and defendants and their men were restrained by means of permanent prohibitory injunction from interfering with the plaintiffs right in the same.

3. Alleging that the decree has not been obeyed and judgment debtors are causing obstruction to the cart tract, execution petition was filed and one of the relief sought for was to appoint Commissioner under Order 21, Rule 32(5) read with Section 151 of Code of Civil Procedure to remove all types of obstructions caused in the 10 feet wide suit track and to implement the decree.

4. Petitioners seriously objected the relief sought for, for, according to them they have not caused any obstruction but third party caused some obstruction and it is further contended that being a decree for permanent prohibitory injunction, issue of commission for removal of obstruction cannot be ordered. It is further contended in the objection that such a positive direction can be granted only in a c


































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