At the time of filing suit there was no obstruction to C schedule road and obstruction was made during pendency of suit - Appellate Court exercised power to mould relief under O.41 R.33 - There was no reason to hold that District Court went wrong in granting mandatory injunction by ordering status quo ante -

Citation

AIROnline 2023 KER 614

Kerala High Court

A. BADHARUDEEN , J.

RSA - 530 of 2021 D/- 24 - 11 - 2023

Joseph John v. P. A. Johny Kutty alias Yohannan

Specific Relief Act (47 of 1963), S.38 - Civil P.C. (5 of 1908), O.41 R.33 - Suit for permanent prohibitory injunction - Plaintiff stated that plaint C schedule property was public road vested in Panchayat and defendants had no manner of right to obstruct the same - Defendants disputed

nature of road as public road - As per evidence of Commissioner, C schedule road was one maintained by Panchayat - At the time of filing suit there was no obstruction to C schedule road and obstruction was made during pendency of suit - Appellate Court exercised power to

mould relief under O.41 R.33 - There was no reason to hold that District Court went wrong in granting mandatory injunction by ordering status quo ante - Suit decreed in favour of plaintiff was proper. (Para 26)