KASAPPA Vs. BHIMBAI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The present petition is filed challenging the order dtd. 7/12/2021 passed in E.P.No.4/2020 by the Court of the Additional Civil Judge and JMFC, Sindagi.

(3.) The facts of the case necessary for consideration of the present petition as is forthcoming from the records are that the respondents had filed a suit in O.S.No.490/2014 against the petitioner and the father of the petitioner for permanent injunction. The said suit was decreed vide judgment and decree dtd. 12/11/2019. In execution of the said decree, the respondents have filed E.P.No.4/2020 under Order 21 Rule 11 of the Code of the Civil Procedure (for short 'CPC'). In the said execution petition, the Executing Court vide order dtd. 7/12/2021 has ordered for the petitioner, who is arrayed as judgment debtor No.2 in E.P.No.4/2020 to be punished for 2 months in civil prison for violation and disobedience of the order of injunction passed in O.S.No.490/2014. Aggrieved by the said order dtd. 7/12/2021, the petitioner has filed the present petition.