NALLAMALA VENKATESWARA RAO Vs. P PRABHAKAR

JUDGEMENT

(1.) In this Contempt Case, petitioners seek a direction to punish the respondents for having disobeyed the direction issued by this Court in CMP Nos. 2394 and 6426 of 1994 dated 28-4-1994 as they failed to deposit the amount with interest from 15-3-1993 till the date of deposit, under the Contempt of Courts Act, 1971.

(2.) Before proceeding to examine the plea set forth by the petitioners and respondents, few facts are necessary to be traced out for proper appreciation of the case.

(3.) The respondents are the managing partners of the plaintiff firm M/s. Quadri Enterprises in O.S.No. 5 of 1993 on the file of the Subordinate Judge, Khammam. The said suit O.S.No. 5 of 1993 was filed for a declaration that the plaintiff firm is entitled to hold lease for a period from 21-10-1974 to 20-10-1994 in respect of the lands to an extent of ac.35.30 guntas in S.Nos. 354 & 391 of Laxmipuram village, Konijerla Mandal, Khamman and also for a declaration that the agreement dated 26-5-1992 between Khaja Khan ( Partner of plaintiff firm) and the petitioner No. 1 herein as void and unenforceable. Along with the suit I.A.No. 43 of 1993 was also filed under Order 39 Rules 1 and 2 CPC seeking injunction against the respondents therein who are the petitioners herein from interfering in any manner with the peaceful mining operations and management of the plaintiff-firm and with the transportation as well as marketing of the material, pending disposal of the suit.