GOHEL PARBHATBHAI NATHABHAI Vs. PANDYA ARVINDKUMAR AMBALAL HEIRS AND LRS OF DECEASED DECREE HOLDER PANDYA AMBALAL NARSHIBHAI

JUDGEMENT

(1.) The present Revision Application is filed by the original judgment debtor in Darkhast No. 45 of 1975 pending in the Court of the learned Civil Judge (JD) Borsad against the order passed by the learned Joint Dist. Judge Kheda at Nadiad on 21-2-1981 in Regular Civil Appeal No. 201 of 1980. The said appeal was filed against the order passed by the learned Civil Judge (JD) Borsad on 21-10-1975 in Exh. 1 in Regular Darkhast No. 45 of 1975. By the said order the learned Civil Judge ordered that the judgment debtor be detained in civil prison till he undertakes not to enter the suit land. The learned Civil Judge also ordered that warrant for the arrest of the Judgment Debtor be issued after the judgment creditor deposits in the court the amount of subsistence allowance for a period of one month.

(2.) The short question that is raised in this revision application is whether in execution of a decree for permanent injunction the Court has power to detain the judgment debtor in civil prison for more than six months.

(3.) The short facts leading to the present revision application can be stated as under: