ANJINAMMA Vs. NARAYANAPPA

JUDGEMENT

(1.) The submission before this court in support of the contempt petition is, learned Single Judge vide order dtd. 7/2/2022, passed in W.P.No.1270/2022, directed the accused/respondent not to create any third party interest during the pendency of the suit and by committing breach of the order of this court, the accused/respondents have created third party interest over the property by entering into an agreement of sale on 17/2/2022.

(2.) In response to the notice, statement of objections is filed on behalf of accused No.1, who is personally present before this court. The counter submission is, there is no willful disobedience of the order of the court, but for the peculiar circumstances and sequence of events, the third party interest over the property was already created. The explanation is provided in paragraphs 4 and 5, which reads thus:

(3.) Considering the sequence of events stated in paragraphs 4 and 5, we are of the opinion that there is merit in the submission that though the third party interest was created, the act of creation of third party interest was due to purely the situation prevalent at the relevant time and the sequence of events and the sudden indispossession of one party who was shifted to hospital. Accused No.1 was justified in submitting before this court that the act of creation of third party interest was an act of purely bona fide and unintentional act.