THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No. 2767 of 2023
ORDER:
This Civil Revision Petition is filed against the Order dated 17.08.2022 in E.A.No.1 of 2021 in E.P.No.1 of 2021 in O.S.No.38 of 2019 passed by the learned Junior Civil Judge, Huzurnagar.
2. The trial Court by Order dated 17.08.2022, granted police aid in favour of the respondent/decree holder directing the S.H.O, P.S Mattampally to render assistance to the decree holder in implementing the decree passed by the trial Court in O.S.No.38 of 2019. Aggrieved by the said Order respondents therein preferred the present Civil Revision Petition.
3. The learned Counsel for the petitioners/J.Drs mainly contended that real name of the plaintiff in the suit would be Banothu Badyanayak and he has no other surnames like Banothu Badhya @ Bhaya @ Baddu Nayak, on this ground alone order passed in E.A.No.1 of 2021 in E.P.No.1 of 2021 in O.S.No.38 of 2019 can be set aside. The trial Court failed to observe that documents including revenue records i.e., 2 pahanies and pattadar passbooks of the suit schedule property, the respondent/plaintiff neither having any land nor power or authority over the suit schedule land and it is in the name of somebody else like his brother and filed false pahani and got injunction. Even if respondent/plaintiff got any assignment patta from the revenue authorities, why his name was not mutated in the concerned revenue records was not explained and it shows that assignment patta itself is fictitious and created one. Therefore, requested the Court to set aside the Order of the trial Court.
4. O.S.No.38 of 2019 was filed by the respondent/plaintiff seeking perpetual injunction against the petitioners/defendants and the same was decreed by the trial Court on 05.02.2020 in favour of the respondent/plaintiff. In the said Judgment, it was observed that in spite of receiving summons, defendants No.1 and 2 did not appear before the Court, as such they were set exparte. The petitioners herein contended that they filed an application in I.A.No.745 of 2023 in O.S.No.38 of 2019 to set aside the exparte Order and it is pending for adjudication, but the perusal of the record shows that the said application was filed on 02.08.2023 i.e., with a delay of 1255 days to set aside the exparte Order. Initially, E.P.No.1 of 2021 was filed on 3 21.01.2021, to punish petitioners/defendants by sending them to Civil Imprisonment for a period of three months under Order 21 rule 32 of C.P.C and the respondent/plaintiff was ready to pay Batta as per the directions of the Court. During the pendency of the said Execution Petition, E.A.No.1 of 2021 was filed seeking to provide necessary police aid and the same was Ordered on 17.08.2022. Aggrieved by the said Order, the present Civil Revision Petition is preferred.
5. As the petitioners herein remained exparte in the trial Court, now they cannot contend that the name of the respondent/plaintiff has no other surnames. Admittedly, decree was passed in favour of the respondent/plaintiff and he has filed Execution Petition requesting the Court to send the petitioners/defendants to the Civil Imprisonment for a period of three months. During the pendency of the said petition, he has also filed E.A.No.1 of 2021 seeking police aid. Therefore, this Court finds that there is no infirmity in the Order of the trial Court and it needs no interference.
6. In the result, the Civil Revision Petition is dismissed confirming the Order dated 17.08.2022, passed by the trial 4 Court in E.A.No.1 of 2021 in E.P.No.1 of 2021 in O.S.No.38 of 2019. There shall be no Order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA DATE: 02.11.2023 tri