RAMESHBHAI RATILAL GOHIL Vs. DINESHBHAI DHIRUBHAI GONDALIA

JUDGEMENT

(1.) BEING aggrieved by the order dated 2.3.2013 passed by the learned Additional District Judge, Surat in Misc. Civil Appeal No. 196 of 2012 the petitioners/original plaintiffs have filed this Special Civil Application with the following prayers:

(2.) LEARNED Advocate Mr I.M. Pandya has submitted that the petitioners herein are the original plaintiffs and the respondents are the original defendants of Civil Suit No. 142/2007 filed by the plaintiffs. He has further submitted that in the said suit, the petitioners herein has also filed the application seeking interim relief at Exh. 5. The said application at Exh. 5 has been decided in favour of the petitioners by the concerned court and the respondents herein were restrained not to transfer, alienate or create any encumbrances on the suit property and/or mortgage the suit property. Thereafter, during the existence of the said interim order which has been granted by the concerned court below Exh. 5 referred above has been disobeyed by the respondents- defendants and the respondents/defendants herein have mortgaged the disputed suit land with the State Bank of India, Kim Branch and obtained an amount of Rs. 1,75,000/- by way of loan and the said entry has been reflected in the revenue record also. Thereafter the petitioners/original plaintiffs herein have preferred Misc. Civil Application No. 105/2010 in Special Civil Suit No. 142/2007 under Order 39 Rule 2 (a) and section 151 of the Code of Civil Procedure, 1908 for taking necessary action against the respondents/original defendants for committing breach of the injunction order referred hereinabove. The said application has been allowed by the court vide its order dated 13.9.2012 and the court has passed necessary order directing the petitioners to undergo the Civil Prison for a period of 30 days and also passed necessary order to deposit an amount of Rs. 4,000/- for maintenance of the said respondents / defendants. Thereafter the respondents/ defendants have challenged the said order dated 13.9.2012 passed in Misc. Civil Application No.105/2010 before the court of Additional District Judge, Surat by preferring Misc. Civil Appeal No. 196/2012. After hearing the learned Advocates for the parties, the said court has taken a lenient view and allowed the said Misc. Civil Appeal. Operative portion of the said order is reproduced hereunder: