Madras High Court
M.Karuppa Devar vs G.Periya Muniyappan on 24 January, 2022
C.R.P.(MD) No.2186 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2022
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) No.2186 of 2017
1.M.Karuppa Devar
2.K.Saraswathi Ammal ... Petitioners
vs.
1.G.Periya Muniyappan
2.Bose ... Respondents
PRAYER:- This Petition is filed under Section 115 of the Code of Civil
Procedure, to set aside the order and decree dated 14.07.2017 made in E.P.No.
149 of 2009 in O.S.No.455 of 2002 on the file of the learned Princiapl District
Munsif, Dindigul.
For Petitioners : Mr.G.Gomathi Sankar
For Respondents : Mr.P.Vairavasundaran
ORDER
Aggrieved by the dismissal of the execution petition seeking the arrest of
the defendants/the judgment debtors, the petitioners/plaintiffs are before this
Court.
2.The facts in brief are as follows:-
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C.R.P.(MD) No.2186 of 2017
3.The plaintiffs had obtained a decree for injunction against the
defendants in O.S.No.455 of 2002 on the file of the learned Principal District
Munsif, Dindigul on 29.09.2013. Since the defendants had violated the order of
injunction, the plaintiffs/decree holder had come forward with the execution
proceeding in E.P.No.149 of 2009. The defendants/the judgment debtors had
categorically denied the allegations made by the plaintiffs/decree holders.
Consequently, the Executing Court, namely, the Principal District Munsif,
Dindigul had dismissed the said petition. Aggrieved by the same, the petitioners
are before this Court.
4.Heard the learned counsels on either side.
5.The plaintiffs/decree holders obtained the following decree:-
“1.tof;F nrhj;jpy; thjpfSf;Fs;s mikjpahd mDgtj;ij
gpujpthjpfNsh mthpd; Flk;gj;jhh;fNsh mtupd; tifahl;fNsh ahnjhU
jilAk; ,ilQ;rYk; nra;af;$lhnjd;W epue;ju cWj;Jf;fl;lisg;
gpwg;gpf;fg;gLfpwJ.”
6.The decree holders had thereafter filed the execution proceeding
alleging that in the month of June, 2008, the judgment debtors along with the
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C.R.P.(MD) No.2186 of 2017
certain other persons had tried to destroy the ridges on the land and also
dumping garbage near the window of the plaintiffs' house. A police complaint
had been lodged by the decree holders and the police authorities had advised the
judgment debtors not to indulge in such activities, which the defendants had
agreed he would not indulge in to. However, the interference continued
constraining the plaintiffs to issue a legal notice dated 22.09.2008. Therefore,
the plaintiffs sought to execute the decree for injunction by seeking the arrest of
the judgment debtors. On receiving summons, it is seen that the judgment
debtors have categorically denied the allegations contained in the petition and
had gone on record to state that they have abided by the decree in its letter and
spirit.
7.The learned Principal District Munsif, Dindigul after hearing the parties
and perusing the records was of the opinion that the exhibits filed on the side of
the decree holders/plaintiffs were created for the purpose of filing of this
petition and since there was no other evidence, the petitioners/decree holders
had failed to prove their contentions and accordingly, the execution petition
came to be dismissed.
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C.R.P.(MD) No.2186 of 2017
8.I cannot find fault with the finding of the trial Court. The
petitioners/decree holders, who claim that the judgment debtors/defendants had
destroyed the ridges in their land and dumped the garbage under the window of
his house, have not produced any document to prove their allegations. The two
documents, namely, the police complaint and the legal notice as rightly
observed by the learned Principal District Munsif, Dindigul are only the self-
serving documents.
9.In these circumstances, I do not find any reason to interfere with the
order impugned. Consequently, the Civil Revision Petition stands dismissed. No
costs.
Index : Yes / No 24.01.2022
Internet : Yes / No
mm
To
The Principal District Munsif,
Dindigul.
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C.R.P.(MD) No.2186 of 2017
P.T.ASHA, J.
mm
C.R.P.(MD) No.2186 of 2017
24.01.2022
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