SREEDHARAN Vs. VARGHESE

JUDGEMENT

(1.) Action was taken against petitioners for violation of an order of temporary injunction. Munsiffs Court, on a motion made by plaintiffs, ordered that petitioners (who are defendants 1 to 3 in the case) be committed to civil prison for two months each in exercise of its powers under O.39 R.2A of the Code of Civil Procedure (for short 'the, Code'). The District Court, in appeal, confirmed the order. Hence this revision.

(2.) Facts are the following: Suit has been instituted by two plaintiffs for permanent injunction restraining three defendants from encroaching into the plaint schedule properties, cutting open any pathway or doing any act of waste therein. In the schedule to the plaint, two items of land have been described as "A" and "B" properties. On 19-3-1987, an order of ad interim injunction was issued by the Munsiff restraining defendants from doing any of the aforesaid acts. A Commissioner visited the properties on 25-3-1987 and reported to the court about the lie of the properties and position of "Kayyala" walls as they stood then. Commissioner noted a small pathway, having a width of 5 feet, running in between "A" and "B" schedule properties. On 23-5-87 plaintiffs filed an interlocutory application complaining that defendants in violation of the order of injunction, damaged a number of rubber trees and demolished the kayyalas and widened the pathway. Petitioners in their written objections denied the allegations. The same Commissioner was deputed to visit the properties again in the light of those allegations. He visited the site on 17-6-87 and reported to the court that the pathway has been widened into 10 feet, some of the rubber trees in the "A" schedule property were seen destroyed, Kayyala walls on the sides of the two properties were seen demolished at different stretches. Oral evidence was adduced by plaintiffs as the petitioners denied the allegations.

(3.) Learned Munsiff found that defendants, in violation of the injunction order, encroached upon the plaint schedule properties and demolished the kayyalas, widened the pathway and damaged the rubber trees. However, learned Munsiff, while imposing punishment on the petitioners, provided a rider in the order that only if defendants fail to restore status quo ante within two months they would be committed to civil prison. But petitioners did not do anything so far to restore the properties to the original condition.