KRISHNA Vs. STATE NCT OF DELHI & ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Order 43 CPC against the order dated 17.3.2008 and 21.4.2008 passed by the learned Additional District Judge in miscellaneous application filed under Order 39 Rule 2A read with Section 151 CPC in Probate Case No. 324/2001. The appeal had come up for hearing for the first time on 29.4.2008 when notice was ordered to be issued to respondent Nos. 2 and 3 and in the meantime, operation of the impugned order was directed to be stayed. This appeal was dismissed in default for non -prosecution on 2.8.2010 whereupon, three applications bearing Nos. 16745/2011 (for restoration of appeal), 16746/2011 (for stay) and 16747/2011 (for condonation of delay in filing the restoration application) were filed which are still pending.

(2.) BEFORE dealing with these three applications, it would be pertinent to mention the brief background of the case as to why this appeal has been filed.

(3.) THE trial court held the appellant guilty for violating the stay order on 17.3.2008. The appellant was, accordingly, directed to deposit the rent derived by this violation, with the court. This was not done. Subsequently, a detailed order of sentence was passed on 21.4.2008 that as she did not deposit the rent purported to have been received by her despite repeated orders dated 30.10.2003, it clearly showed that she had scant regard for the law and the facts call for severe punishment but still keeping in view the fact that the alleged contemnor was a lady and that too a widow, a punishment of civil imprisonment for three days was imposed on her and the respondent Nos. 2 and 3 were directed to deposit the subsistence allowance of "250/ - with Civil Nazir.