IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 CRP.No. 501 of 2009 ----------------------------- [OS.NO.67/2000 OF MUNSIFF-MAGISTRATE COURT, SASTHAMCOTTA] .................... REVISION PETITIONER/ 1ST DEFENDENT/JUDGMENT DEBTOR: ------------------------------------------------------------------------------------------- RAMAN PILLAI PRAKASH, LEKSHMI BHAVANAM, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM. BY ADV. MR.B.MOHANLAL. RESPONDENTS/PLAINTIFFS/DECREE HOLDERS/2ND J.D: ---------------------------------------------------------------------------------- 1. UMMINIAMMA DEVAKIAMMA, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 2. SREEDHARAN PILLAI, PARAMESWARAN PILLAI, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 3. SREEDHARAN PILLAI MADHUMOHAN PILLAI, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 4. SREEDHARAN PILLAI PRASANNAN PILLAI, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 5. DEVAKIAMMA SATHEEBHAI AMMA, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. C.R.P. NO. 501/2009: 6. PRASANNAKUMARIAMMA, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 7. SREEDHARAN PILLAI PRASADAN PILLAI, PARAPPADIYIL, THEKKAN MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. *ADDL.R8.SECRETARY, GRAMA PANCHAYATH, MYNAGAPPALLY. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.501 OF 2009 () ----------------------------------- Dated this the 15th day of September, 2009 O R D E R Revision is directed against the order passed by the learned Munsiff-Magistrate Court, Sasthamcotta in an application moved under Order XXI Rule 32 of the Code of Civil Procedure by the respondents/decree holders. The respondents moved the above application alleging that the decree passed in the above suit, which was one for injunction, was violated by the petitioner/judgment debtor. The court below, on the evidence tendered in the application holding that the judgment debtor has not obeyed the decree, ordered for issuing warrant to arrest and produce him for the purpose of committing to prison. Propriety and correctness of that order is challenged in the revision. 2. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts CRP.501/09 2 and circumstances presented with reference to the order impugned, I find no notice to the respondents is necessary, and, hence, it is dispensed with. Perusing the order challenged in the revision, I find it is patently erroneous and unsustainable under law. The court below has not adverted to the evidence let in the case nor entered any specific finding in what manner the petitioner/judgment debtor violated the decree of injunction. In an enquiry under Order XXI Rule 32 of the Code of Civil Procedure it is incumbent upon the court to enter a definite finding that the judgment debtor had violated the decree. It is not sufficient to show that he had not obeyed the decree. To proceed under the above rule, it must be satisfactorily established that the judgment debtor flouted and violated the decree. More than that, it is also seen, under the impugned order, the learned Munsiff has directed for issuing warrant to the petitioner directing his production to commit him to prison without ordering what is the term of detention. Such orders cannot be passed by a court of law. The court has to pass orders, if it is satisfied that there is violation of the decree, as contemplated under Order XXI CRP.501/09 3 Rule 32 of the CPC. Setting aside the impugned order, I direct the court below to consider the matter afresh and pass appropriate orders in accordance with law taking note of the observations made above. The revision is disposed. S.S.SATHEESACHANDRAN JUDGE prp