G. RAJENDRAN Vs. RESIDENTS OF RAJAKOIL COLONY

JUDGEMENT

(1.) The civil revision petitioner is the decree holder in O.S.No.634 of 1998 on the file of the District Munsif, Gudiyattam. He filed the suit in O.S.No.634 of 1998 for a permanent injunction restraining the respondent/defendant from interfering with his peaceful possession and enjoyment of the suit property and the suit was decreed in favour of the revision petitioner vide decree and judgment dated 29.12.2006. In order to execute the decree, the plaintiff filed an execution application before the District Munsif, Gudiyattam under Order XXI, Rule 11(2) and (32) of the Code of Civil Procedure for a direction to demolish the buildings put up in the suit property with the help of Deputy Superintendent of Police and to arrest the respondent and put him in civil prison till the execution of the decree.

(2.) The main contention of the revision petitioner in the execution petition is that though an order of injunction was granted in his favour on 21.06.2007, the respondent trespassed into the suit property during the year 2009 and cut three coconut tress and also put up certain constructions.

(3.) The learned District Munsif, Gudiyattam, Vellore District rejected the execution petition on the following grounds.