PALANIYANDI Vs. PALANIAPPAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of learned District Munsif, Kulithalai dated 30. 04. 1997 in E. A. No. 272 of 1996 in E. P. No. 157 of 1995 in O. S. No. 324 of 1976 ordering Police Protection. The Third Parties / Respondents 2 to 7 are Revision Petitioners.

(2.) SUIT in O. S. No. 324 of 1976 (for Permanent Injunction)was decreed on 07. 12. 1977. The Decree was passed against the First Respondent / judgment Debtor, restraining him, his Men and Agents from interfering with the peaceful possession of the Plaintiff's enjoyment of the SUIT Property. The suit Property relates to 0. 45 cents / 2. 30 acres in S. No. 161 Manathattai village, Kulithalai Taluk, Trichy District. E. P. No. 157 of 1995 was filed for executing the Decree in O. S. No. 324 of 1976. The Execution Petition was filed under Order XXI Rule 22 and 32 C. P. C not only against the Judgment Debtor Murugan, but also against Respondents 2 to 7 (who are the Revision petitioners), as if they have violated the order of Injunction and committed contempt of Court. Execution Petition was filed to execute the Decree that the defendant, his Men and his Agents are restrained by means of Permanent injunction from interfering with the peaceful possession of the Plaintiff's enjoyment of the SUIT Property and to commit the Respondents in Civil Prison and such other further reliefs this Hon'ble Court deem fit under Order XXI Rule 22 and 32 C. P. C.

(3.) AGGRIEVED over the order of Police Protection, the third Parties / Respondents 2 to 7 have preferred this Civil Revision Petition. Learned counsel for the Revision Petitioners has submitted that the lower Court erred in ordering Police Protection. It is contended that the Execution petition has been erroneously filed against the Revision Petitioners, who were not parties to the Suit. Drawing the attention of the Court to the description of the Suit Property, learned counsel for the Revision Petitioners further submitted that in the absence of any boundaries to the Suit Properties, the order of Police Protection cannot be effectuated. The Impugned Order is assailed contending that without going into the merits of the case, lower Court has ordered Police Protection, causing serious prejudice to the Revision petitioners and others, who are in possession of Suit Survey No. 161 Manathattai village, Kulithalai Taluk, Trichy District.