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1937 Supreme(Mad) 335

VARADACHARIAR
Murugesa Mudali – Appellant
Versus
Angamuthu Mudali – Respondent


JUDGMENT

Varadachariar, J.

1. This revision petition arises out of an application to punish the petitioner for disobedience of an injunction issued by the District Munsiffs Court at Ranipet. It will be convenient to describe the parties with reference to their array here.

2. The petitioner had obtained a decree against one Kadirvelu Mudali, in O.S. No. 982 of 1928, for vacant possession of a piece of land on which part of a building stood. When the decree-holder went to take possession, he was resisted by the present respondent and M.P. No. 618 of 1932 was accordingly filed for removal of obstruction. An order for removal of obstruction was passed on 10th October, 1932 and it is agreed that early on the 11th of October the Amin, to whom the warrant to carry out that order had been entrusted, went to the locality which is about two miles from the Court premises to carry out that order. The evidence also shows that the petitioner was present during the time that the Amin was carrying out that order. On the 11th itself the respondent, against whom the order on M.P. No. 618 of 1932 had been passed, instituted O.S. No. 414 of 1932 apparently under Order 21, Rule 103 and on the same day he




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