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1991 Supreme(Ker) 330

THOMAS
Narayani – Appellant
Versus
Thankappan – Respondent


Judgment :-

Petitioners were plaintiffs in a suit for permanent injunction. Suit was decreed ex parte. On the allegation that defendants violated the decree, petitioners took out execution proceedings for taking punitive action against defendants. Learned Munsiff, in execution, found that defendants are guilty of violation of injunction and ordered that one of the defendants (2nd defendant) be detained in civil prison for 30 days. It was further ordered that properties of defendants be attached for recovery of value )f the loss sustained by plaintiffs on account of violation of injunction (together with cost )f proceedings) as compensation. The said order was challenged by respondents in appeal before District Court. Appeal was allowed and the order of Munsiff was set aside, fence, this C.R.P. by the plaintiffs/ decree-holders.

2. The decree for injunction restrains defendants from taking yield or cutting res from the decree scheduled property or changing its shape or erecting any structure thereon or committing acts of waste etc. On 26-7-1975, execution petition was filed by the decree-holders (petitioners in this revision) complaining that defendants wilfully disobeyed the order o











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