JOSHI GIRJADHARJI Vs. RAO SANWAL DAS SHAHPURI

JUDGEMENT

(1.) These are two connected matters arising out of the same judgment of tile First Additional Civil Judge of Banaras.

(2.) A suit was filed by the wife and two sons of a judgment-debtor for a declaration that a certain property was not saleable in execution of the decree obtained against the judgment-debtor. During the pendency of the suit an application was made for an injunction restraining the decree-holder from proceeding with the sale of the property. A share in the property -- the share of the judgment-debtor alone -- was, however, sold and purchased by the decree-holder on 18-2-1954.

(3.) The respondents applied to the court which had issued the injunction to take action against the decree-holder for having disobeyed the injunction by putting the property to sale and purchasing it himself. The court below found that there had been a disobedience of the injunction which had been granted on 30-9-1953. The court, therefore, directed that the sale, which had taken place in defiance of the injunction, be set aside and further directed the appellant to suffer simple imprisonment for a period of five days.