CHIRMAN, GRAM PANCHAYAT, KAROSHI Vs. BASAVANT IRAPPA BADIGER

JUDGEMENT

(1.) The 1st respondent has obtained the judgment and decree against the petitioners in R.A. No.45/2004 on the file of the Civil Judge (Sr.Dn.), Chikkodi in respect of the following property:

(2.) Respondent No.1 on the ground that, in spite of the said decree attaining finality, the petitioners are interfering with the peaceful possession and trying to put up illegal construction on the property concerned filed E.P No.24/2019 on the file of the Prl. Civil Judge and JMFC, Chikkodi and an application under Order 21 Rule 32(1) read with Sec. 151 of CPC was filed, wherein respondent No.1 has prayed for issuance of warrant of arrest against the petitioners and put them in civil prison. As none appeared for the petitioners before the trial Court on the relevant date, the trial Court has allowed the petition and has passed an order for arresting the judgment debtors therein and put them in civil prison. Aggrieved by the same, the instant writ petition is filed.

(3.) The case of the petitioners is that, they are not violating the decree and that the impugned order was passed without giving them an opportunity of hearing.