GRAM PANCHAYATH, KUKANOOR Vs. SHIVABASAPPA

JUDGEMENT

(1.) THE above writ petition is filed by the judgment debtor against the order dated 07.03.2015 issuing arrest warrant against him in Execution Petition No.1/2015 on the file of the Civil Judge, Yelburga.

(2.) THE present respondent filed suit in O.S. No.50/2001 for permanent injunction against the present petitioner, who was defendant. After contest, the trial court dismissed the suit holding that the plaintiff has not made out a prima facie case for grant of permanent injunction. Against the said order, the present respondent filed an appeal in R.A. No.6/2007 before the Civil Judge (Sr.Dn. ), Yelburga. After hearing both the parties, by judgment and decree dated 19.12.2007 has allowed the appeal and set aside the judgment and decree dated 15.12.2006, made in O.S. No.50/2001 on the file of the Civil Judge (Jr.Dn.), Yelburga and decreed the suit filed by the plaintiff granting permanent injunction restraining the defendants, its men, agents, servants, anybody on his behalf, from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property or from causing damage to the suit property. Against the said judgment and decree, the present petitioner / judgment debtor, Gram Panchayat, filed R.S.A. No.809/2008 before this Court.

(3.) DURING the pendency of the said appeal, the appellant filed a memo reporting settlement, seeking for dismissal of the appeal as not pressed. Accordingly, the said appeal came to be dismissed as not pressed, which amounts to restoration of the judgment and decree passed by the lower appellate court, on 19.12.2007 granting permanent injunction in favour of the plaintiff.