ANTONY DEVASIA Vs. K A AUGUSTINE

JUDGEMENT

(1.) In an application filed by the first respondent under Order x xXIX Rule 2A CPC the court below has passed the following order: "... respondent Nos.4, 7, 9 & 10 are directed to restore status quo in regard to the schedule properties as at the time of disposal of the appeal within a period of one month, on failure of which the same shall be got executed through process of court and the expenses met for the same recovered from them and for that matter, the property of the said respondents shall remain in attachment and if the violation still persists they shall be detained in civil prison for a period of 2 months or till the expenses are met by them whichever is earlier" (sic) . Its correctness is assailed.

(2.) The first respondent was the plaintiff. He claimed that the plaint schedule property was in his ownership; but a mistake crept into the resurvey of the property. In the suit he prayed for correction of the mistake in the survey records and for fixation of the boundary separating his property from the adjoining property belonging to the appellants and some others. The suit was dismissed on 26.11.2008. The judgment and the decree were challenged in appeal, which was dismissed on 21.11.2011. Thereafter, the first respondent filed an application for restraining the appellants and others from committing mischief and making any construction in the plaint schedule property till an appeal was filed against the judgment and the decree. The learned Sub Judge posted the application to 29.11.2011, on which day he passed the following order:

(3.) Heard the learned counsel appearing for the appellants and the first respondent.