P CHENGAIAH Vs. D CHANDRA

JUDGEMENT

(1.) APPLICATION No.517 of 2004 is filed by the applicants/plaintiff invoking Order XXXIX Rule 2A of the Code of Civil Procedure for attaching the suit property described in the suit schedule and also order detention of the respondent/defendant in civil prison for disobeying the order of injunction granted by this court in O.A.No.636 and 637 of 1995 dated 29.2.1996.

(2.) APPLICATION No.3738 of 2008 is filed praying to consider and dispose of APPLICATION No.517 of 2004 in C.S.No.1843 of 1994 before ever the learned Master proceeds with the Trial of C.S.No.1843 of 1994.

(3.) IT is contended by the applicants that they applied for encumbrance certificate for the suit property immediately after some strangers, who came to the suit property in the last week of December 2003, claimed to have purchased the same and found to their shock and surprise that the respondent had sold the suit property to one T.A.Dhakshayini under a sale deed dated 10.7.2003 registered as document No.1567 of 2003 in the office of the Sub Registrar, T.Nagar. Contending that the respondent has wilfully flouted the order of injunction passed by this court, the applicants sought for punishment of the respondent for disobedience and remand the respondent to civil prison as provided under Order XXXIX Rule 2A of the Code of Civil Procedure. The property of the respondent is also liable to be attached, it is contended in Application No.517 of 2004.