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2006 Supreme(Mad) 2496

S.MANIKUMAR
R. Arjunan – Appellant
Versus
Arunachala Gounder & Others – Respondent


Appearing Advocates:For the Petitioner:T.M. Hariharan, Advocate. For the Respondents:D. Krishnakumar, Advocate.

Judgment :-

(Prayer: Civil Revision Petition filed under Section 115 C.P.C. against the fair and decretal order passed by the learned District Munsif, Udumalpet, dated 21.09.2004 in E.A.No.318/2004 in E.P.No.14/2004 in O.S.No.169/1996.)

This Revision Petition is filed against the order passed under Order 3 Rule 3 read with 151 C.P.C.

2. The brief facts leading to the filing of the Revision petition are as follows :

(i) The respondents are the plaintiffs in the suit. The suit is for declaration and permanent injunction in respect of suit schedule properties in S.No.139/9 including the 3 feet channel. The suit has been decreed on 13.03.2003. The defendant and her three sons disobeyed the decree and have caused interference. Consequently, the plaintiffs could not cultivate their lands. On 15.12.2003, the defendant stopped the flow of water through the channel to the plaintiffs' lands. The defendant did not agree to the decision of the Panchayat also. Since the defendant has deliberately disobeyed the decree for injunction and caused interference, the plaintiffs' filed a petition in E.P.No.14 of 2004 under Section 55 read with Order 21 Rule 32 C.P.C. for arrest and for detention in civil











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