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2023 DIGILAW 572 (KAR)

Chirman, The Gram Panchayat, Karoshi v. Basavant S/o Irappa Badiger

2023-04-10

M.I.ARUN

body2023
ORDER : 1. The 1st respondent has obtained the judgment and decree against the petitioners in R.A. No.45/2004 on the file of the Civil Judge (Sr.Dn.), Chikkodi in respect of the following property: (Corrected vide Court order dated 21.04.2023) The Suit Schedule property is Open Space measuring 32’ East-West and 48’ South-North out of VPC.No.13,14,14A of Karsoshi Village. These three properties measuring 135’ East-West and 48’ South-North. The Suit property is situated towards west of the Plaintiff’s house property. The Suit Property is bounded as under, To the East Plaintiff’s House bearing VPC No.13,14, 14A To the West Chakri line To the North Panchayat Road-Gav-Thana To the South Gava-Thana.” to the effect that the petitioners herein or any one acting on their behalf are restrained by way of perpetual injunction from putting up construction by causing obstruction to the peaceful possession of the enjoyment of the property by respondent No.1 herein. 2. Respondent No.1 on the ground that, in spite of the said decree attaining finality, the petitioners are interfering with the peaceful possession and trying to put up illegal construction on the property concerned filed E.P No.24/2019 on the file of the Prl. Civil Judge and JMFC, Chikkodi and an application under Order 21 Rule 32(1) read with Section 151 of CPC was filed, wherein respondent No.1 has prayed for issuance of warrant of arrest against the petitioners and put them in civil prison. As none appeared for the petitioners before the trial Court on the relevant date, the trial Court has allowed the petition and has passed an order for arresting the judgment debtors therein and put them in civil prison. Aggrieved by the same, the instant writ petition is filed. 3. The case of the petitioners is that, they are not violating the decree and that the impugned order was passed without giving them an opportunity of hearing. 4. Learned counsel for respondent No.1 submits that if the petitioners were to abide by the decree and do not interfere with the peaceful possession of the property concerned, then he has no objection for setting aside the impugned order. The petitioners are agreeable for the same. Hence, the following: ORDER (i) The impugned order dated 07.02.2023, passed in E.P. No.24/2019 by the Prl. Civil Judge & JMFC, Chikkodi is hereby set aside. The petitioners are agreeable for the same. Hence, the following: ORDER (i) The impugned order dated 07.02.2023, passed in E.P. No.24/2019 by the Prl. Civil Judge & JMFC, Chikkodi is hereby set aside. (ii) The petitioners shall abide by the decree passed in R.A. No.45/2004 by the Civil Judge (Sr.Dn.), Chikkodi. If the petitioners act in contravention of the judgment and decree passed in R.A. No.45/2004, respondent No.1 shall be at liberty to initiate appropriate action against them in the manner known to law.