K.Rajendran v. Alamelu (Died) 1. Sampoorni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.2303 of 2025

1. K.Rajendran

2. Chinnaponnu

3. Murugan ... Petitioners Vs Alamelu (Died)

1. Sampoorni

2. Alakeshabupathi ... Respondents PRAYER : Civil Revision Petition filed under Section 115 of Civil Procedure Code, pleased to set aside the order of arrest and detention passed in REP No.116 of 2020 in O.S.No.116 of 2014 on the file of the I Additional District Munsif Court, Salem, dated 21.10.2024.

For Petitioners :

Mr.Charles Kamalesh M.Appaji For Respondents :

Mr.M.R.Jothimanian 1 / 8

O R D E R

This Civil Revision Petition has been filed against the order of arrest and detention dated 21.10.2024 passed in REP No.116 of 2020 in O.S.No.116 of 2014 on the file of the I Additional District Munsif Court, Salem.

2. The brief facts of the case are that the revision petitioners are the defendants in the suit filed by the plaintiff in O.S.No.116 of 2014 before the I Additional District Munsif Court, Salem, seeking for a permanent injunction and the suit came to be decreed on 27.02.2019. Despite the knowledge of the decree dated 27.02.2019, the petitioners violated and disobeyed the same, thereby, the respondents, who are the legal heirs of the deceased plaintiff, had filed the execution petition under Order XXI Rule 11 of CPC in R.E.P.No.116 of 2020 to order to issue notice to the petitioners as per Order XXI Rule 32 of CPC to arrest the petitioners and to detain them in civil jail. The petitioners had contested the case, however, the executing Court, finding that the petitioners have not complied with the order and disobeyed the decree, has passed an interim order dated 21.10.2024, punishing the petitioners by way of arrest and detention. Aggrieved over the same, the petitioners have filed the present revision petition. 2 / 8

3. Learned counsel for the petitioners submitted that the petitioners, who are the judgment debtors in O.S.No.116 of 2014, have no intention of disobeying the orders of the trial Court and they also not claim any title or right over the suit schedule property. He further submitted that the petitioners undertake that they will not interfere with the peaceful possession and occupation of the respondents/decree holders in respect of the suit schedule property and they have also filed a common Affidavit of Undertaking to that effect. Thereby, he prayed that the Affidavit of Undertaking filed by the petitioners may be accepted and the order of arrest and detention may be set aside.

4. Learned counsel for the respondents submitted that since the petitioners have interfered with the possession and occupation with suit scheduled property of the respondents and violated the decree, the respondents have filed an execution petition in REP No.116 of 2020, however, if the petitioners abide by the undertaking given by them, the respondents have no objection in the arrest and detention order being set aside.

5. Heard both sides and perused the materials available on record including the Affidavit of Undertaking filed by the petitioners. 3 / 8

6. The common Affidavit of Undertaking dated 12.02.2025 filed by the petitioners before this Court is as follows :- 4 / 8

5 / 8

6 / 8

7. Taking into consideration the common Affidavit of Undertaking dated 12.02.2025 filed by the petitioners and recording the submissions made by the learned counsels on both sides, this Civil Revision Petition stands allowed and the order of arrest and detention passed by the I Additional District Munsif Court, Salem, in REP No.116 of 2020 in O.S.No.116 of 2014 on 21.10.2024, is hereby set aside. It is made clear that in the event of the petitioners interfering any further in the suit schedule properties, the respondents are entitled to proceed in accordance with law.

8. The Affidavit of Undertaking dated 12.02.2025 filed by the petitioners shall form part of the Court records. Consequently, the connected miscellaneous petition is closed. No costs.

14.02.2025 Index : Yes / No ham To

1. The I Additional District Munsif Court, Salem. 7 / 8

A.D.JAGADISH CHANDIRA, J.

ham and C.M.P.No.2303 of 2025 14.02.2025 8 / 8