HAJARESAB Vs. UDACHAPPA

JUDGEMENT

(1.) This revision by the decree holder is directed against the order dated 3-7-1979 passed by the Munsiff, Kundagol, in Execution Case No. 3 of 1977.

(2.) The decree holder plaintiff filed a suit in O.S.No.30 of 1972 against one Udachappa, the husband of L.R.No. 1 (d) and father of L.R. Nos.l (a) to l(c) for a declaration that he was a tenant of the suit property and for permanent injunction restraining him (Udachappa) from interfering with his possession. The said suit was decreed in 1973 against Udachappa. Udachappa's appeal in R.A.No. 180 of 1973 was dismissed on 24-7-1974.

(3.) The decree holder sued out the present execution in 1977 alleging that notwithstanding the permanent injunction decree against Udachappa, his L.Rs. l(a) to (d) have started interfering with his possession of the suit property. Thus, according to him, the legal representatives have willfully failed to obey the decree. Hence, he filed the execution praying for arrest and detention under Order 21 Rule 32 of the Code of Civil Procedure. He also sought to recover the costs awarded to him in O.S No. 30 of 1972 and R.A.No. 180 of 1973.