S RUKMAN NAIK Vs. P ANJANI PRABHA

JUDGEMENT

(1.) This Memorandum of Contempt Case is filed under Sections 10 and 12 of Contempt of Courts Act to punish the respondents for violating the directions of this Court in CMP.No.316 of 2002 in S.A. No.14 of 2002, dated 14-1-2002 in the interest of justice.

(2.) Before proceeding with the contempt case, for proper appreciation of the factual matrix, respective pleadings of the parties may be relevant.

(3.) Petitioner is the owner and in possession of 729 sq.yards in Plot No.77/19 of Yamuna Nagar Co-operative Society, Survey No.102/3 of Hakimpet Village of Shaikpet Revenue Mandal, Hyderabad. In 1992, when the respondents tried to interfere with his peaceful possession over the said plot, he filed O.S. No.1485 of 1992 on the file of the Court of VII Junior Civil Judge, City Civil Court, Hyderabad. As a counterblast, the respondents also filed O.S.No.1686 of 1992 on the file of the same Court. Hence, both suits were clubbed and tried together. After full-fledged trial, the Trial Court decreed the suit of the petitioner and dismissed the suit of the respondents. Assailing the judgment and decree in O.S. No.1485 of 1992, the respondents filed A.S. No.194 of 1998 and A.S. No.263 of 1998 against the judgment and decree in O.S. No.1686 of 1992. The first appellate Court decreed both the appeals filed by the respondents. Questioning the judgment and decree in A.S. No.194 of 1998 and A.S. No.263 of 1998, the petitioner filed SA No.14 of 2002 and SA No.1175 of 2001 respectively. In SA No.14 of 2002 an application in CMP No.316 of 2002 was filed to restrain the respondent from interfering with his peaceful possession over the suit schedule property. This Court passed by order dated 4-1-2002 directed both parties to maintain status quo with regard to possession of land as on the date of order in CMP No.316 of 2002 in SA No.14 of 2002. The order in CMP No.316 of 2002 was communicated telegraphically and through Court to the respondents.