RAVILAKHINA Vs. HIMMAT RAM

JUDGEMENT

(1.) This application has been fid on behalf of the plaintiffs under Order 39 Rule 2A read with Section 151 of the Code of Civil procedure (hereinafter referred to as the Code). In this application it has been prayed that the defendant be punished for deliberate and wilful disobedience of the injunction granted by this Court on 18.9.86 in IA 4820/86 and properties of defendants 1,3,4,5 and 6 be attached and the defendants further be directed to make restitution of the properties.

(2.) Briefly stated the facts of the case are that the plaintiff's are the minor childrens of the defendant No.l and they arc under the care and custody of their mother Suit. Subhag (a) Smt. Nishi. The plaintiffs have Filed the present suit for partition, declaratiosn and injunction in respect of various properties mentioned in the plaint and which are alleged to have been purchased with the funds provided by the joint Hindu family comprising of Gokul Chand (deceased), Sh. Himmat Rum (defendant No.l), the mother of the plaintiffs Smt. Subhag and other family members. Alongwith the plaint the plaintiffs have filed an a.pplication hearing No. 1A 4820/86 under Order 39 Rule 1 and 2-read with Section 151 of the Code. This application came up for hearing on 18lh September, 1986 and the following orders were passed :-

(3.) On 24th May, 1988 the statement of the learned counsel for defendants without oath and defendant No.l on oath was recorded. The said statement reads as follows :-