ORDER

The dispute in this proceedings is between father and two sons.

Facts stated shortly are thus: Father filed a suit against four children seeking a permanent prohibitory injunction from interfering with his possession over the plaint schedule property and a house therein. The trial court decreed the suit against all the defendants. Alleging that the petitioner (1st defendant) violated the decree of injunction, the respondent (plaintiff/father) approached the executing court with an execution petition under Order 21 Rule 32 of the Code of Civil Procedure (in short, "CPC"). Learned Munsiff passed the impugned order in the execution petition on 21.03.2012 directing issuance of a warrant of arrest against the petitioner for detention in civil prison. Aggrieved by that order, the petitioner has come up in this revision.

2. Heard the learned counsel for the petitioner and the first respondent.

3. Learned counsel for the petitioner submitted that the petitioner along with his wife and children was residing in the house shown in the plaint schedule. So much so, it cannot be said that he trespassed into the property warranting an action under Order 21 Rule 32 CPC. Per contra, CRP No.201/20