LAVANYA C. Vs. VITTAL GURUDAS PAI

JUDGEMENT

(1.) This appeal arises out of judgment and order dtd. 23/2/2021/16/3/2021 passed in Miscellaneous First Appeal No.7055/2013(CPC) by the High Court of Karnataka at Bengaluru, whereby the respondents before the High Court, appellants herein (defendants in Trial Court), were held guilty of disobedience of their undertaking before the Trial Court of not alienating the property, subject matter of the suit. The original defendants in the Trial Court through their counsel gave an undertaking which was allegedly disobeyed. The plaintiffs aggrieved thereby filed the case, which was dismissed, and they appealed to the High Court, ultimately resulting in a favourable order. The original defendants now aggrieved by being held in contempt, are appellants herein.

(2.) A brief resume of facts leading to the appeal are :

(3.) A question of maintainability of the application under Order XXXIX Rule 2A was raised. With reference to Samee Khan v. Bindu Khan [(1998) 7 SCC 59], it was held that even if the injunction order was subsequently set aside, the disobedience thereof is not erased. The subsequent dismissal of a suit does not absolve the party of liability of breach of injunction order. That apart, it was observed that an appeal against the Trial Court's dismissal of the Original Suit was also pending before the High Court bearing R.F.A.No.592/2017.