MADINA BALAKRISHNA Vs. B SURYAM

JUDGEMENT

(1.) Cause for concern in this contempt case is that a minion of the justice delivery system, the Amin of the Junior Civil Judge's Court, Palasa, the first Respondent, is alleged to have willfully disobeyed the order of this Court along with a litigant, the second Respondent.

(2.) The second Respondent and three others, having purchased the suit scheduled property in O.S. No. 9 of 1997 on the file of the Senior Civil Judge, Sompeta, from the decree holders/Plaintiffs, instituted E.P. No. 7 of 2009 before the said Court seeking execution of the eviction decree dated 02.02.2000 passed therein. On 30.04.2009, the executing Court issued a warrant of execution by delivery of the scheduled property and posted the matter on 10.06.2009 for further consideration. Aggrieved by this order, the Petitioner herein, being the judgment Debtor in O.S. No. 9 of 1997, filed CRP No. 2235 of 2009 before this Court on 20.05.2009. This Court, taking note of the fact that the E.P. had been adjourned to 10.06.2009, posted the matter on 01.06.2009 for further hearing. The second Respondent was aware of this development, having filed a caveat before this Court.

(3.) While so, the second Respondent and the other Petitioners in E.P. No. 7 of 2009 moved two applications before the Vacation Judge, Sompeta, on 25.05.2009 - one, to advance the date of hearing of the matter from 10.06.2009 to 25.05.2009 and two, to provide police aid to the Amin to execute the warrant. E.A. No. 59 of 2009 in E.P. No. 7 of 2009 was the petition filed seeking police aid for execution of the warrant. Both the applications were ordered by the vacation Bench on the same day.