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2012 Supreme(Ker) 868

K.HARILAL
Valsamma – Appellant
Versus
Abraham – Respondent


Advocates Appeared:
For the Petitioners:Bechu Kurian Thomas, Advocate
For the Respondents:V.C. James, Advocate

JUDGMENT :

ORDER

K. Harilal, J.

Whether the execution court is empowered under Order 21 Rule 32 to proceed against and punish contumacious Judgment debtors who have violated or disobeyed a decree for prohibitory injunction? In other words, whether the proceedings under the Contempt of Courts Act, 1947 is a proper remedy against violation of a decree for prohibitory injunction? These are the basic questions that arise for consideration in this Revision.

2. This Revision Petition is preferred against the order dated 03.01.2008 in E.P. No. 49/2006 in O.S. No. 15/2004 on the file of the Munsiff Court, Kanjirappally, by virtue of which the Revision Petitioners have been directed to be detained in civil prison for a period of one month for the alleged violation of the decree in O.S. No. 15/2004. The impugned order was passed on an application under Order 21 Rule 32 of the Code of Civil Procedure.

3. The Revision Petitioners are the Judgment debtors 2, 3 and 5 and respondents 1 and 2 are the decree holders in the above and execution petition.

4. As per the Judgment passed in the above suit, the Revision Petitioners are restrained from cutting open a new road through the plaint schedule properti































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