H S SHIVASWAMY Vs. H S RAGHAVENDRA

JUDGEMENT

(1.) The petitioner had filed a suit in O.S.No. 106/1998 on the file of the Civil Judge (Jr.Dn.) & JMFC. Sringeri, for permanent injunction restraining the respondents herein or any person claiming under them from removing earth from the channel or causing damage to the road leading to his house from Begane- Sringeri main road. The suit was decreed on 21.1.2003. The petitioner tiled Execution Case No. 12/2005 for the execution of the said decree. In the said case, the petitioner has not only sought for arrest and detention of the judgment debtor in the civil prison but also police protection for fencing 'A' schedule property.

(2.) The respondents have opposed the execution petition by filing their objections.

(3.) H.S.Shivaswamy, the petitioner/decree holder got examined himself as P. W1. He was also cross-examined on behalf of the respondent/judgment debtors. After consideration of the materials on record, the court below has dismissed the execution petition by order dated 12.10.2009. The petitioner has called in question the validity of the said order in this writ petition.