RAJKISHORE @ MUNNA KESHARWANI S/O LATE HEERA LAL KESHARWANI, AGED ABOUT 56 YEARS R/O SHREE BAJRANG RICE MILL, NEHRU NAGAR BILASPUR, POLICE STATION Vs. SUNDERLAL KESHARWANI S/O LATE RAMDEV KESHARWANI, AGED ABOUT 62 YEARS R/O GONDPARA BILASPUR, POLICE STATION

JUDGEMENT

(1.) Learned counsel for the appellants would submit that the order passed by the Court below suffers illegality as the trial Court has acted beyond the scope of Order 39, Rule 2 sub-rule 2 (a) of the Code of Civil Procedure, 1908 (for short the 'Code') and also the instant Misc. Appeal is maintainable on other factual aspects as the status-quo of the property on the date of order of temporary injunction was not specified, hence, the matter may be disposed of finally.

(2.) On due consideration, the instant Misc. Appeal is heard finally as it involves the authority of the Court below to pass the impugned order dated 15.3.2016 beyond jurisdiction on the law point.

(3.) Facts in brief of the case are that the applicant/ respondent No.1, filed Civil Suit No. 27-A/12 for declaration and permanent injunction before the trial Court. The Court below while hearing on application filed by the applicant/ respondent No.1, directed that defendants No. 1 and 2/ present appellants shall maintain the statusquo vide order dated 12.12.2012. After the alleged breach, the applicant/respondent No.1, filed an application for necessary remedies available under the provisions of Order 39, Rule 2A of the Code regarding consequence of disobedience and breach of injunction. The Court below vide order dated 15.3.2016 held that non-applicants 1 and 2/ appellants shall pay compensation amount of Rs.2,000.00 each to applicant/ respondent 1. Against the said order, non-applicants No.1 and 2/ appellants had preferred the instant Misc. Appeal under Order 43, Rule 1 (r) of the Code and prayed that the impugned order dated 15.3.2016 be set aside.