THRESSIAMMA MATHEW Vs. SALI BABY

JUDGEMENT

(1.) AN order punishing the judgment debtor for violation of a decree for permanent prohibitory injunction under Order XXI Rule 32 C.P.C is under challenge in this original petition. The decree in O.S.No.434/2008 on the file of the Court of the Munsiff of Thaliparamba restrains the petitioner and her men from trespassing into the plaint schedule property and constructing a new road through the same.

(2.) IT appears that the decree was passed ex-parte and attempts to reopen the decree failed. The decree holder contended that the judgment debtor has constructed a new road in violation of the decree for injunction. The judgment debtor on the other hand contended that attempts to lay a road were made by another person by name Mathu. The decree holder was examined and the report of the Advocate Commissioner was relied on.

(3.) THE judgment debtor is a lady. She undertakes that she will not trespass into the decree schedule property any more. This is recorded. Detention in civil prison for 15 days as directed by the court below would be too harsh. I convert the sentence of imprisonment as one of attachment. The property of the judgment debtor of an extent of 50 cents covered by sale deed (document No.1513/1989 of the SRO Sreekandapuram) shall be attached. The court of the Munsiff of Thaliparamba shall do the needful.