(1.) This matter is taken up for hearing through Video-Conferencing. The third defendant, who had suffered an order for arrest for disobeying the decree for injunction at the hands of the Executing Court, has come up with this Revision.
(2.) The suit in OS No.340 of 2005 was filed by the plaintiffs seeking permanent injunction restraining the defendants therein from interfering with his possession of 3 cents of land situate in Survey No.129/12B within specific boundaries. According to the plaintiffs, the said extent of 3 cents was purchased by the plaintiffs under 2 Sales Deeds dated 26.04.1976 and 03.09.1981 in two bits. It is also specifically averred that those two bits of lands were now clubbed and renumbered as Survey No.129/12B. Though the defendants filed a written statement making certain claims, they eventually admitted the title of the plaintiffs to the suit property which is shown as an extent of 3 cents in Survey No.129/12B.
(3.) On the basis of the said admission, the Trial Court granted a decree for declaration of title and injunction. Claiming that the defendants had trespassed into the property and dug up a pit in order to provide a Septic Tank, the plaintiffs filed REP No.30 of 2008 seeking arrest and detention of the defendants under Order 21 Rule 32 of the Code of Civil Procedure. In the Execution Petition a totally new plea was taken by the defendants/ judgment debtors stating that the Survey No.129/12B belongs to them and it does not belong to the plaintiffs. Certain documents in support of their claim were also sought to be filed in execution.