VALSAMMA Vs. ABRAHAM

JUDGEMENT

(1.) Whether the execution court is empowered under Order 21, Rule 32 to proceed against and punish contumacious Judgment-debtors who have violated or disobeyed a decree for prohibitory injunction In other words, whether the proceedings under the Contempt of Courts Act, 1971 is a proper remedy against violation of a decree for prohibitory injunction These are the basic questions that arise for consideration in this Revision. This Revision Petition is preferred against the order dated 3-1-2008 in E.P. No. 49/2006 in O.S. No. 15/2004 on the file of the Munsiff Court, Kanjirappally, by virtue of which the Revision Petitioners have been directed to be detained in civil prison for a period of one month for the alleged violation of the decree in O.S. No. 15/2004. The impugned order was passed on an application under Order 21, Rule 32 of the Code of Civil Procedure.

(2.) The Revision Petitioners are the judgment-debtors 2, 3 and 5 and respondents 1 and 2 are the decree-holders in the above and execution petition.

(3.) As per the Judgment passed in the above suit, the Revision Petitioners are restrained from cutting open a new road through the plaint schedule properties and from widening item No. 3 road, doing anything that will cause damage to the plaint schedule properties and from committing any act of waste in the plaint schedule properties.