SHIVANNEGOWDA Vs. M.D. MURTHY

JUDGEMENT

(1.) The petitioner being the judgment debtor in execution No.141/2017 is invoking the writ jurisdiction of this Court for assailing the order dated 14.06.2019 whereby the learned Judge of the executing Court has ordered his arrest and detention on the ground that the injunction is intentionally violated. After service of notice, the respondent-decree holder having entered caveat through his counsel, resists the writ petition.

(2.) Having heard the learned counsel for the parties and having perused the petition papers, a short question of law as under arises for consideration:

(3.) Learned Counsel for the petitioner argues that, subsequent to Family Partition, the subject property having fallen to the share of his brother, and the said sharer putting up construction, petitioner cannot be punished for the alleged violation of injunction. In support of his case, he banks upon the decision of the Apex Court infra. Per contra, learned counsel for respondent- decree holder contends that the injunctive decree binds both person and the property and therefore the impugned order is unassailable.