Execution for contempt of Court is not maintainable against persons who are not parties to suit.

(Civil Revision Petition filed against the order dated 15.9.2005 made in EP S.R. No.6694 of 2005 on the file of the Principal District Judge, Kancheepuram, as stated therein.)

This petition is filed by the decree holder/plaintiff in EP SR No.6694/05 in O.S. No.23/84 against the order of rejection, passed by the learned Principal District Munsif, Kancheepuram, on the execution petition laid as against the legal representatives of the deceased first defendant and also the subsequent purchasers of the property in question.

2. The petitioner/decree holder has obtained a decree for permanent injunction as against the first defendant. As the first defendant died, the 2nd and 3rd defendants, in their capacity as legal representatives of the first defendant, preferred an appeal in A.S. No.24/94 as against the decree for permanent injunction passed in favour of the plaintiff and the same was dismissed. The petitioner/decree holder has alleged in the execution proceedings that the first and 2nd respondents being the parties to the suit proceedings, are interfering with the peaceful possession and enjoyment of the petitioner. The third respondent being the power of attorney holder of the first and 2nd respondents and the 5th and 6th respondents being the sons of the 3rd respondent also extend their support to the illegal activities of the first and 2nd respondents. The 4th and 7th respondents, having sufficient knowledge of the permanent injunction granted in favour of the petitioner by the competent court, had interfered with the possession of the petitioner. It has been further submitted that the 8th and 9th respondents, who have purchased a part of the property in item No.5 have knowledge of the permanent injunction referred to above and started harassing and interfering with the peaceful possession of the petitioner. Therefore, the petitioner has filed the execution petition to punish all the respondents for contempt of court with imprisonment as envisaged under Order XXI Rule 32 of the Code of Civil Procedure.

3. The execution court, even before taking up the execution petition on file, rejected the entire execution petition as not maintainable, for execution of the decree could be sought only against the party to the suit and not against a third-party thereof. Hence, this civil revision petition has been preferred by the petitioner/decree holder.

4. Learned counsel appearing for the petitioner would submit, referring to the provision under Section 146 of the Code of Civil Procedure, that as against the respondents 8 and 9, who are not parties to the suit proceedings, but have stepped into the shoes of the 2nd and 3rd respondents in respect of part of item No.5 of the suit property, the decree holder is entitled to lay execution as against them also. As regards the other respondents, who are not parties to the suit proceedings, learned counsel for the petitioner would submit that the petitioner could ask the court to enforce the decree for permanent injunction as against them also as they have started harassing and interfering with his peaceful possession.

5. Learned counsel for respondents 8 and 9 would submit that inasmuch as they are only purchasers of a part of the property in item No.5 subsequent to the decree, the decree holder cannot lay any execution petition as against them under Order XXI Rule 32 of the Code of Civil Procedure.

6. On a perusal of the records it is found that the first and 2nd respondents have participated in the trial proceedings following the death of their father, the first defendant in the suit. Therefore, as far as respondents 1 and 2 herein are concerned, they having suffered a decree for permanent injunction, will have to face the legal consequence in the execution petition laid by the decree holder. The execution court should not have rejected in toto the execution petition laid as against respondents 1 and 2.

7. Order XXI Rule 32 contemplates right to lay execution proceedings as against the p