OM SAI BUILDERS AND CONSTRUCTIONS Vs. SWAGRIHA BUILDERS

JUDGEMENT

(1.) THIS Appeal is directed against the order passed for breach of status quo order on the ground that in spite of the order of status quo, admittedly appellants herein went ahead with the construction. The complaint is that the appellants were not heard and reasonable opportunity to defend the case was not afforded. The fact the appellants were not heard is not disputed. In a matter like this where the appellants have been held that they have committed Contempt of Court and committed to prison for two months and as the personal liberty is involved, we deem it fit that opportunity should be given to the appellants to defend the contempt action.

(2.) IN the circumstances, the impugned order is set aside and the matter is remitted back to the lower Court for issuance of notice to the appellants as also intimation of the same to the respondents herein and conduct enquiry into the matter and then pass orders. The entire exercise shall be made within a period of four months from the date of receipt of a copy of this order. The CMA is disposed of accordingly. No costs.