VARGHESE Vs. CHIEF SECRETARY

JUDGEMENT

(1.) The decree holders in O. S. No. 21 of 1976 on the file of the Munsiff's Court, Thodupuzha are the revision petitioners.

(2.) The suit was filed for perpetual prohibitory injunction restraining the first defendant State and its officers, namely, respondents 2 and 3 herein from trespassing into the decree schedule property and interfering with the peaceful possession of the revision petitioners. As per judgment dated 30-11-1977, the defendants in the suit were restrained from trespassing into the decree schedule property and committing any mischief in the said property. Alleging violation of the injunction order, the revision petitioners filed E. P. No. 110 of 1984 before the court below for execution of the decree. Prior to the present execution petition, the revision petitioners had filed E. P. No. 5 of 1987 which was later withdrawn as there was no evidence to prove violation of the decree. Now, the revision petitioners have filed the present execution petition for taking action against the respondents under O.21, R.32 C.P.C. for violation of the decree. After hearing the parties and considering the oral and documentary evidence, the court below as per order dated 23-9-1999 dismissed the execution petition against which this revision is filed.

(3.) Heard learned counsel for the revision petitioners as well as the learned Special Government Pleader (Forests) appearing for the respondents. The question agitated before this Court is regarding the obligation on the part of the court below to take action against the respondents under O.21, R.32 C.P.C. for having violated the decree.