HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 4472 OF 2009. DATED 27TH AUGUST, 2010. BETWEEN Katevarapu Sadgunam @ Chenbchu and ors ….Petitioners and Kattevarapu Yohan and ors …..Respondents. HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 4472 OF 2009. ORDER: The petitioners herein are the defendants in the suit in O.S.No. 560 of 1999 on the ﬁle of the Principal Junior Civil Judge, Guntur. They suﬀered a decree for injunction in the said suit, which has become ﬁnal. Complaining that the petitioners/judgment debtors have violated the said injunction, NBWs were issued for their presence before the Court. After their presence, immediately they were arrested and committed to civil prison without any enquiry. Hence this revision. The learned Counsel for the petitioners/judgment debtors submitted that even though the petitioners were appeared before the Court below, however, without there being any prior notice or any enquiry, muchless any material to establish any such violation of the injunction or any evidence in rebuttal thereto, the Court below passed the impugned order committing the petitioners to civil prison. In the absence of any such evidence, it would not be proper for the Court below to straight away commit the parties to civil prison. The impugned order of the court below dated 15.9.2009 reads as follows: “Judgment debtors 1,2,3,4 and 6 are produced. J.Drs. 1,2,3,4,5 and 6 have violated the orders of Court under Order 21 Rule 32 and sentenced to Civil imprisonment on payment of batta.” A perusal of the aforesaid order of the court below, it does not indicate any reason to pass such an order for arrest. Even otherwise also, the order does not rely on any evidence or material in support of its ﬁnding. It also reveals that no such enquiry was conducted nor any prior notice was given to the petitioners to defend their case. Further no evidence in rebuttal is on record so as to commit the petitioners to civil prison. In that view of the matter, the matters requires fresh consideration after holding a regular enquiry. Accordingly, the Civil Revision is accordingly allowed, setting aside the order dated 15.9.2009 passed in E.P.No. 973 of 2008 in O.S.No. 560 of 1999. The matter is remanded to the Court below for disposal afresh, in accordance with law, after issuing notice to both sides to lead evidence, if any. The Court below is directed to conduct a regular enquiry by giving notice and an opportunity of hearing to both sides and pass appropriate orders, on merits. The Civil Revision Petition is allowed to the extent indicate above. No order as to costs. ----------------------------------------- JUSTICE B. PRAKASH RAO 27T H AUGUST, 2010. Msnr.