SASIDHARAN NAIR S/O. RAMAKRISHNAN NAIR Vs. VIKRAMAN NAIR S/O. DHAMODHARAN NAIR, PRESIDENT, AYYAPPA SAMAJAM, NAGPUR. (N.A. 4) & ORS.

JUDGEMENT

(1.) Heard Shri K.K. Pillai, learned counsel for the petitioners and Shri G.N. Khanzode, learned counsel for respondent Nos.14 to 18.

(2.) By this petition, the jurisdiction of this Court has been invoked under Sections 10 and 12 of the Contempt of Courts Act by the petitioner.

(3.) The petition rests on the ground that the respondent Nos.14 to 18 have committed a clear cut and willful breach of the order of injunction passed by the learned Joint Charity Commissioner on 2nd February, 1994 in Application No.9 of 1993. The breach of the order dated 2.2.1994, according to the petitioner, is evident from a particular act committed by the respondent Nos.14 to 18 on 25th May 2016. In paragraph 11 of the petition, it is stated that on or about 25th May, 2016, the respondent No.14 along with respondent Nos.15 to 18, the alleged plot holders, constructed two sheds by using bamboo mats and wooden poles on the land belonging to Ayyappa Samajam, a registered public trust. It is also alleged that these respondents have threatened to construct more shades and houses by other alleged plot holders and further threatened to start residing in this property. According to the petitioner, this particular act committed on or about 25th May 2016 by respondent Nos.14 to 18 amounts to willful breach of injunction order dated 2.2.1994 passed by the Joint Charity Commissioner and confirmed by the District Court as well as this Court.