SARARTH KAKUMANU Vs. VEERAPPAN ARUNACHALAM

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order passed by the Court below directing the arrest of the petitioner/judgment debtor for wilful disobedience of the decree for injunction dtd. 17/10/1995 passed in O.S.No.9974 of 1992.

(2.) Factual background of the facts:

(3.) Mr.Om Prakash, learned Senior counsel appearing for the petitioner submitted that as per the decree violation of which is alleged by the respondents, the survey number of the suit properties is R.S.No.3958/2. However, later on, the respondents themselves found the correct survey number of the private passage in respect of which the suit was filed found to be R.S.No.3958/3 and they filed an application for amendment of the decree in E.A.No.1776 of 2017. Even though the said application was allowed by the executing Court and confirmed by the High Court, the respondents failed to take any steps to carryout the amendment and even as on today the survey number mentioned in the decree remains as 3958/2. In view of the discrepancy in the survey number, the act of violation alleged against the petitioner cannot be pressed into service.