RAIS AHMAD Vs. AIZAZ HAKIK USMANI

JUDGEMENT

(1.) Heard Shri B.B. Paul, learned Counsel for the applicant.

(2.) In so far as the violation of the temporary injunction order passed by the Civil judge is concerned, it is well settled that normally the remedy for violation of temporary injunction granted by Civil Court lies under Order XXXIX, Rule 2-A, C.P.C. and the powers conferred by section 10 read with section 12 of the Act, are not liable to be invoked. Reference may be made to the judgment of the Hon'ble Apex Court in the case of Food Corporation of India v. Sukha Deo Prasad, 2009 AIR(SC) 2330 .

(3.) However, Shri B.B. Paul, learned Counsel for the applicant submits that the facts of this case are extraordinary, which warrant cognizance by this Court to punish the opposite parties for willful disobedience.