RAMANKUTTY Vs. KALI NANI

JUDGEMENT

(1.) C.R.P. 2068/85 is against the order in E.A. 162/85 and C.R.P. 2071/85 is against the order in E. A. 161/85 in O. S.69/81 of the Munsiff Court, Kayamkulam. E.A 162/85 was filed to review the order dated 21-2-85 in E. P. 81/83in O.S. 69/81 of the Munsiff Court, Haripad. E.A. 161/85 has been filed under S.5 of the Limitation Act to condone the delay in filing E.A. 162/85. Both the petitions were dismissed by the Munsiff, Kayamkulam.

(2.) In E.P. 81/83, Munsiff Court, Haripad held that violation of injunction has been proved by the evidence of PWs 1 and 2 and exhibits marked in the case and the judgment debtor (revision petitioner) was ordered to be detained in the civil prison for not exceeding 15 days for the purpose of enforcing the decree. As the revision petitioner is residing within the jurisdiction of Kayamkulam Munsiff Court, the E.P. was transferred to that court for execution. It is in that court that the revision petitioner filed E.A. 161/85 E.A. 162/85.

(3.) The suit was decreed on 5-7-83. E.P. 81/83 was filed by the decree holder for taking action against the judgment debtor for violation of injunction. Notice was issued and the judgment debtor entered appearance on 16-2-84 and applied for time. The case was adjourned to 16-3-84 and thereafter to 4-4-84. Again, it was adjourned to 28-5-84 with no further time order. On 28-5-84 no objection was filed. There was no representation for the judgment debtor on that date. A commission was issued by the court below to ascertain the verity of the allegations made by the decree holder. Commissioner filed his report. PWs 1 and 2 were examined on 12-6-84 and the court passed the order in E. P. 81/83 to detain the judgment debtor in civil prison. When the matter was pending before the transferee court (Munsiff Court, Kayamkulam) revision petitioner filed E.A. 161/85 and E.A. 162/85.