Dismissed

Thangaraj, v. Peya Thevar

Madras HC8 Jan 2014CRP(MD)/1/2014

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a Civil Revision Petition filed under Section 115 CPC. The Petitioner challenged the trial court's dismissal of an Execution Petition which sought imprisonment of respondents for violating a permanent injunction. The High Court held that the Petitioner failed to provide evidence of violation and refused to take an extreme step of incarceration.

What did the court decide?

Petitioner's Civil Revision Petition dismissed. Connected Miscellaneous Petition closed. No costs.

Thangaraj, Vs Peya Thevar — Execution and Attachment | Madras HC (2014)

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Thangaraj

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.01.2014 CORAM:

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

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C.R.P(NPD)(MD)No.1 of 2014 and M.P(MD)No.1 of 2014

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.. Petitioner/Petitioner/Plaintiff

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Vs.

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1.Peya Thevar 2.Thavasi .. Respondents/Respondents/Defendants

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PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure to set aside the fair and decreetal order dated 11.10.2013 made in E.P.No.23 of 2011 in O.S.No.110 of 2005 on the file of the District Munsif cum Judicial Magistrate Court, Andipatti.

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For Petitioner : Mr.A.Arumugam

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ORDER

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The petitioner/decree holder is before this Court challenging the order of dismissal of the Execution Petition which has been filed by the petitioner herein to commit the respondents in civil prison, as the respondents violated the decree of injunction obtained by the petitioner herein.

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Heard Mr.Arumugam, learned counsel appearing for the petitioner, who argued the matter very strenuously giving all the details.

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However, this Court is not able to appreciate the points put forward by him.

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The facts of the case are as follows:-

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The petitioner herein has filed a suit in O.S.No.110 of 2005 against the respondents seeking for permanent injunction in respect of the property comprised in Survey No.310/1. After contest, the said suit was decreed on 19.12.2007.

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While things stand so, the petitioner filed E.P.No.23 of 2011 for violation of the decree of injunction and to direct the respondents not to interfere with the possession and in default to imprison in civil prison. The said petition was dismissed on contest, as the petitioner failed to produce any oral and documentary evidence to prove that the respondents violated the decree.

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The trial Court rightly reasoned that in the absence of the documents and oral evidence to support the petitioner's contention, the Execution Petition cannot be ordered. It also observed that if any violation was made by the respondents, immediately police complaint https://hcservices.ecourts.gov.in/hcservices/ would have been given or the witnesses, who witnessed the acts of violation of the respondents could have been examined as witnesses. In the absence of above, the trial Court rightly dismissed the petition.

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Therefore, no exception can be taken to the order passed by the trial Court.

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That apart, sending a person to civil prison for violation of Court order is a extreme step. When extreme step is being taken by the petitioner, he should have been vigilant enough and should have taken serious steps to prove his case. Miserably, the petitioner failed to do the same.

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In view of that, the petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(AS)

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/TRUE COPY/

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Sub Assistant Registrar

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The District Munsif cum Judicial Magistrate Andipatti.

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+1cc to M/s.Ajmal Associates, Advocate SR.No.2940

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C.R.P(NPD)(MD)No.1 of 2014 08.01.2014

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PA/12.02.2014/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

Thangaraj, v. Peya Thevar

Case brief

What is this about?

What did the court decide?

Thangaraj, v. Peya Thevar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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