GUNDILA MANJAPPA SHETTY Vs. MANJAKKE SHEDTHI

JUDGEMENT

(1.) This is a judgment-debtor's appeal from an order made against him in execution proceedings.

(2.) In a suit brought by the decree-holder, who is the respondent in this appeal, a permanent injunction was made against the judgment-debtor restraining him from interfering with the right of the decree-holder to take water from the water course, which was the subject-matter of the suit. The decree-holder and the judgment-debtor owned neighbouring lands, the judgment-debtor being a higher riparian proprietor. The complaint made by the decree-holder was that the judgment-debtor had impeded the flow of the water in the water course and brought about a diminution in the supply of water to the decree-holder's land.

(3.) In the executing Court, the decree-holder charged the judgment-debtor with having deepened his land after the decree, and thereby made the water flowing in the water course percolate into his land, again causing similar diminution, in the supply of water to the decree-holder's land. An order was sought by the decree-Holder, under Sub-rule (1) of Rule 32 of Order 21 of the Code of Civil procedure, directing the detention of the judgment-debtor in the civil prison for his disobedience to the injunction made against him in the suit.