HANUMANTHAIAH Vs. G.S. ARUN KUMAR

JUDGEMENT

(1.) Petitioners being the Judgment Debtors in first respondents' Execution No.18/2006 are invoking the writ jurisdiction of this Court for assailing the order dated 29.06.2016 whereby, petitioners are ordered to be committed to civil prison for a period of one month for violating the injunctive decree dated 30.11.1993 rendered in O.S.No.150/1986. After service of notice, respondents having entered appearance through their counsel resist the writ petition.

(2.) Learned counsel for the petitioners seeks to invalidate the impugned order on the following four grounds:

(3.) Learned counsel for the respondent - Decree holders, per contra submits that the decree having been entered by the trial Court below, the challenge was laid to the same in R.A. No.350/2004 and the said challenge came to be negatived by the appellate Court vide order dated 02.12.2005; the contention urged by the petitioners having been substantially urged in the RA and rejected, the same cannot be re-urged in the execution petition; re-urgement of contra contentions amounts to abuse of the process of the Court; having so contended, the learned counsel seeks dismissal of the writ petition.