RAMARAJU Vs. INDIRAMMA

JUDGEMENT

(1.) The judgment-debtor has preferred this writ petition challenging the order passed by the Executing Court directing his arrest and imprisonment for two months in civil prison for disobeying permanent injunction decree.

(2.) The decree in O.S. No. 172/1999 restraining the defendants including the petitioner herein from interfering with the plaintiff/respondent herein's possession and enjoyment of the schedule property was decreed after contest and it has attained finality. The defendants, in utter disregard of the decree, interfered with the plaintiffs possession over the schedule property as such, the plaintiff filed Ex. P. No. 15/2002 seeking arrest and detention of the petitioner herein in civil prison. After enquiry, the executing Court passed an order directing detention of the petitioner in civil prison for a period of two months. The said order was challenged in W.P. No. 41793/2003 but no interim stay was granted. By the time W.P. came up for hearing, two months detention period was over and therefore it was dismissed as having become infructuous.

(3.) In the meanwhile, the petitioner herein who is the 2nd defendant in O.S. 172/99 filed O.S. No. 234/2004 against the decree-holder for partition and separate possession of his 5/18th share in the schedule property. After contest O.S. 234/2004 was dismissed and regular appeal by the petitioner herein in R.A. No. 69/2007 was also dismissed. However, R.S.A. filed by him against dismissal of R.A. is pending consideration before this Court and no interim order is passed in his favour.