K.C.JACOB Vs. C.JOSE

JUDGEMENT

(1.) THESE Original Petitions arise from the judgment in C.M.A. No.12 of 2011 of the Sub Court, Pala which in turn was in challenge of the order dated 28.05.2011 passed by the Munsiff's Court, Erattupetta on I.A. No.364 of 2010 in O.S. No.48 of 2009. Parties are referred to as petitioner and respondents in O.P(C) No.2888 of 2012.

(2.) PETITIONER is the defendant in O.S. No.48 of 2009 instituted by the respondents. Petitioner and the 1st respondent are direct brothers and that the 2nd respondent, aged about 67 years is their sister. The respondents sued petitioner for a decree for fixation of boundary and other reliefs. In that suit the learned Munsiff passed an interim order of injunction on 06.03.2009 restraining the petitioner from committing waste in the suit property. Later, alleging that there was willful disobeyance of that order, respondents filed I.A. No.364 of 2010 under Rule 2A of Order XXXIX of the Code of Civil Procedure (for short, "the Code"). The allegation was that by cutting down certain trees the petitioner has violated the order of injunction.

(3.) AGGRIEVED , petitioner filed C.M.A. No.12 of 2011. The learned Sub Judge while accepting the finding of the trial court that petitioner has violated the order of injunction was inclined to give some respite to the petitioner and the period of detention in the civil prison was reduced to one month. Petitioner is aggrieved and has challenged the judgment of the learned Sub Judge, in O.P(C) No.2888 of 2012. The respondents, eager to maintain the majesty of law by detaining the petitioner for the full term of three months in the civil prison, have filed O.P(C) No.3534 of 2012.