THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 4176 OF 2009 Date: 13.10.2009 Between: Yampalla Nalamaharaju @ Musalayya. ….. Petitioner/J.Dr. and Adla Teja Rao … Respondent/D.Hr THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 4176 OF 2009 ORDER: By judgment and decree in O.S. No. 47 of 2000, dated 31.10.2000, the Junior Civil Judge, Kotambommali restrained the petitioner herein, by way of a permanent injunction, from interfering with the respondent-plaintiff’s peaceful possession and enjoyment of the schedule property in survey No. 40/3 of an extent of 0.05 cts of dry land situated in Suradavanipeta village. Alleging violation of the said decree of permanent injunction, the respondent-plaintiff filed E.P. No.5 of 2005 before the Court below which, by docket order dated 26.08.2009, directed the petitioner’s detention in civil prison for a period of one month. Despite service of notice, none appears for the respondent and, as such, the revision itself is being disposed of. This Court, in Koya Ranga Reddy v. Koyal Narayana Reddy[1], held that, in proceedings for action being taken for alleged violation of a decree of permanent injunction, the judgment debtor is required to be given an opportunity of being heard and only thereafter can he be detained in civil prison for violation of the decree. The petitioner’s case, in short, is that the order, directing his detention in civil prison for a period of one month, was passed without giving him such an opportunity. The order of the Court below is set aside for failure to give the petitioner an opportunity of being heard. The Court below shall give the petitioner an opportunity of being heard and, thereafter, pass orders afresh in accordance with law. The C.R.P. is disposed of accordingly. 13.10.2009 _____________________________ RAMESH RANGANATHAN, J MRKR [1] 2007(3) ALT 689