ORDER:

(per Hon’ble Justice Gadi Praveen Kumar)

Heard Mr.Vikram Pooserla, learned Senior Counsel assisted by Ms.Manasvi Reddy, learned counsel for the petitioner and Dr.G.V.Rao, learned Senior Counsel assisted by Mr.D.R.Hari Prasad, learned counsel for the respondent No.1.

2. This Civil Revision Petition is filed by the revision petitioner/judgment debtor No.2 challenging the order dated 28.10.2025 passed in C.E.P. No.17 of 2022 in C.O.P.No.6 of 2022 by the learned Special Court for Trial and Disposal of Commercial Disputes, Ranga Reddy District (for short ‘Commercial Court’), whereby the learned Commercial Court directed removal of unauthorized boards from the petition schedule properties and further ordered arrest and detention of the revision petitioner in civil prison for a period of thirty (30) days for wilful disobedience of the injunction order dated 12.07.2022 passed in C.O.P. No.6 of 2022 under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, ‘the 1996 Act).

3. The brief facts of the case are that revision petitioner/ judgment debtor No.2 is the son and respondent No.1/decree holder is the mother herein. Judgment Debtor No. 1, Respondent No.1 and Respondent No.2 entered into a partnership and established a firm under the name and style of ‘M/s. Green Acres Resorts’ vide Partnership Deed dated 10.09.2003. The partnership firm was established with capital contributions from the partners and from out of such partnership funds, acquired two extents of immovable properties, namely:

(i) land admeasuring Acs.16.962 guntas in Sy.Nos.386 (part) and 387 (part) situated at Manchirevula Village, Gandipet Mandal, Ranga Reddy District (Schedule-A Property), and

(ii) land admeasuring Acs.49.15 guntas in various survey numbers situated at Damargidda Village, Chevella Mandal, Ranga Reddy District (Schedule-B Property).

These properties are collectively referred to as the Schedule Properties.

4. Respondent No.1 was managing the affairs of the firm, while the judgment debtor No.1 was engaged in his medical profession. Subsequently, respondent No.2 retired from the partnership under a deed dated 19.08.2013 and the petitioner/judgment debtor No.2, being the son of respondent No.1 and judgment debtor No.1, was inducted as a partner in the firm. Subsequently, disputes emerged between the parties in relation to the administration, management and effective control of the schedule properties. In the year 2022, respondent No.1 filed C.O.P. No.6 of 2022 under Section 9 of the 1996 Act before the learned Commercial Court seeking interim protection in respect of the schedule properties. By order dated 12.07.2022, the learned Commercial Court granted a mandatory injunction directing removal of certain boards erected over the schedule properties and further restrained the revision petitioner from alienating, creating third-party rights or interfering with the properties pending arbitral proceedings.

5. Alleging wilful disobedience of the said injunction order, respondent No.1 initiated execution proceedings in C.E.P. No.17 of 2022 under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking enforcement of the injunction and consequential arrest and detention of the judgment debtors. The Executing Court after considering the facts and circumstances of the case is satisfied that obstruction is caused by judgment debtor Nos.1 and 2 and directed removal of boards and detention of the revision petitioner in civil prison for 30 days by order dated 28.10.2025, which gives rise to the filing of the present Civil Revision Petition.

6. Learned counsel for the revision petitioner contends that the impugned order dated 28.10.2025 passed in C.E.P. No.17 of 2022 is wholly unsustainable in law and on facts. It is submitted that the Executing Court has mechanically ordered arrest and detention without satisfying the mandatory preconditions contemplated under Section 51 of CPC read with Order X