S. SURIYAPRAKASH Vs. M. GEORGE RAJKUMAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed, seeking to set aside order dated 02.04.2016 passed in E.P.No.54 of 2006 in O.S.No.83 of 2005 by the learned District Munsif, Udhagamandalam, Nilgiris and consequently, to dismiss the execution petition as not maintainable.

(2.) The Petitioner/ Contemnor herein is a third party. First respondent is the plaintiff and the Second respondent is the defendant.

(3.) The 1st respondent filed a suit in O.S.No.83 of 2005 before the learned District Munsif, Udhagamandalam against the 2nd respondent for grant of decree for permanent injunction. The said suit was decreed ex parte on 19.04.2005. Thereafter, the 1st respondent/plaintiff filed an Execution Petition in E.P.No.54 of 2006 against the petitioner under Or.21 R.32 CPC for disobeying the decree of the court. The petitioner is none other than the son of the 2nd respondent/defendant. Though the petitioner was not a party to the suit, the 1st respondent/plaintiff filed the Execution Petition against him by stating that the petitioner being the family member of the plaintiff, is bound by the decree. The said petition was resisted by the petitioner by stating that he is not a party to suit and the Execution Petition is not maintainable. The Executing Court arrived at a finding that the decree of Permanent Injunction has been obtained by the plaintiff against the defendant and her family members and hence it will bind the petitioner and that he has to be arrested and sent to civil prison for disobeying the decree. Challenging the same, the petitioner has come forward with this Civil Revision Petition.