PAGILLA VENKANNA Vs. ANIMOLLA HUSSAIN DIED

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India by the judgment debtor Nos.1 and 2 assailing the order in Execution Petition No.157 of 2011 in O.S.No.205 of 1994 on the file of the learned Junior Civil Judge at Nalgonda.

(2.) Execution Petition No.157 of 2011 is filed by the decree holder under Order-XXI, Rule-11 (2) of the Civil Procedure Code, 1908 (for short 'CPC') with a prayer to send the judgment debtors 1 and 2 to civil imprisonment as they have intentionally disobeyed and violated the permanent injunction orders in O.S.No.205 of 1994 alleging that when the injunction orders were in enforce, judgment debtors 1 and 2 who are the sons of deceased-defendant No.1 viz., Pagilla Lingaiah in O.S. No.205 of 1994 have trespassed into the suit schedule land on 25/6/2011 by disobeying the orders and tried to obstruct the petitioners in attending the agricultural operations. With great difficulty, the decree holder was able to resist the interference of the judgment debtors, accordingly, prayed for committing the judgment debtors 1 and 2, who are the legal heirs of deceased-defendant No.1, to commit the civil imprisonment for violation of the injunction orders in OS No.205 of 1994.

(3.) This civil revision petition is filed on the following grounds alleging that the learned Junior Civil Judge has committed irregularity in registering the execution petition, it is barred by limitation under Article 136 of the Limitation Act and that the relief of injunction is only the relief against persona and not against in rem. The injunction was obtained against the father of the judgment debtors and the execution petition is not maintainable.