KALYANI AMMA Vs. KRISHNA KURUP

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order passed in E.A.No. 53 of 2000 in E.P.No.33 of 1992 in O.S.No. 324 of 1981 of the Munsiff's Court, Pathanamthitta. Petitioners are the respondents in the E.A. The suit was filed by the decree holder against the predecessor in interest of the respondents by name Narayana Kurup. The suit was filed for recovery of possession of B schedule property. The lower court decreed the suit. Against that an appeal was filed as A.S.No. 33 of 1999. That appeal was dismissed for default. During the pendency of the appeal, the decree holder - C.R.P. No. 1666 of 2003. Decided on 30th November, 2005. respondent herein filed a petition under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure (CPC) for an injunction restraining the appellant therein from trespassing into the property or cutting the trees.

(2.) It appears that the appellant Narayana Kurup violated the order of injunction and the Appellate Court directed the appellant to be detained in prison. But the order was not executed because of his ill-health. Subsequently, he died. Now in the present petition, the decree holder wants to take action against the respondents, who are the legal representatives of Narayana Kurup and for damages. The court has now awarded an amount of Rs. 33,750/- from the respondents and their assets.

(3.) I heard learned Counsel for the petitioners and learned Counsel for the respondents.