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1991 Supreme(Ker) 341

THOMAS
Sreedharan – Appellant
Versus
Varghese – Respondent


Judgment :-

Action was taken against petitioners for violation of an order of temporary injunction. Munsiff s Court, on a motion made by plaintiffs, ordered that petitioners (who are defendants 1 to 3 in the case) be committed to civil prison for two months each in exercise of its powers under O.39 R.2A of the Code of Civil Procedure (for short 'the Code'). The District Court, in appeal, confirmed the order. Hence this revision.

2. Facts are the following: Suit has been instituted by two plaintiffs for permanent injunction restraining three defendants from encroaching into the plaint schedule properties, cutting open any pathway or doing any act of waste therein. In the schedule to the plaint, two items of land have been described as "A" and "B" properties. On 19-3-1987, an order of ad interim injunction was issued by the Munsiff restraining defendants from doing any of the aforesaid acts. A Commissioner visited the properties on 25-3-1987 and reported to the court about the lie of the properties and position of "Kayyala" walls as they stood then. Commissioner noted a small pathway, having a width of 5 feet, running in between "A" and "B" schedule properties. On 23-5-87 plaintiffs f













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