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1992 Supreme(Mad) 515

ABDUL HADI
S. A. Azizullah and another – Appellant
Versus
Sakthivelu and others – Respondent


Advocates:
V.Krishnan, for Petitioners. N.Sathiamoorthy, for Respondent No.3.

Judgment :

This civil revision petition is filed by the decree-holders against the dismissal of their E.P.No.9 of 1990 for executing the decree obtained by them in O.S.No.303 of 1977 on 110. 1979. The material portion of the decree runs as follows:

"1. That the plaintiffs’ title be and the same is hereby declared to the suit site.

2. That the defendantsdo deliver the possession of the suit property to the plaintiffs.

3. That the defendants do remove the superstructure put by them in the suit site by means of mandatory injunction at their own cost."

So clause 2 of the decree grants possession of the suit site to the plaintiffs/petitioners and since there is a superstructure on the suit site, as per the prayer in the suit, clause 3 grants a mandamus directing the defendants/respondents to remove the said superstructure put up by them in the suit site. The abovesaid E.P. is for executing the said decree for possession and for mandatory injunction to remove the abovesaid superstructure. The Court below has dismissed the E.P. in toto on the ground that the aboversaid clause 3 of the decree being a decree for mandatory injunction, cannot be executed in view of Art.135 of the Limitation








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