LAKKINENI VENKATESWARA RAO Vs. LAKKINENI RAMESH

JUDGEMENT

(1.) THIS appeal has been preferred by the first defendant in OS No. 41 of 2004 (old OS No. 5 of 2001) on the file of the Senior Civil Judge, Sathupalli. Originally, the Plaintiff filed the suit before the Vacation Judge (District Judge)Khammam for partition of the suit schedule property into three equal shares and to allot one such share to him and for profits and he also filed an application to restrain the respondents not to alienate the suit schedule property. The vacation Judge granted ad-interim injunction on 7. 5. 2001 in LA. No. 29 of 2001 restraining respondents 1 to 3 from alienating the petition schedule land. The suit was transferred to regular Court from vacation Civil Judge and it was re-numbered as O. S. No. 4 of 2001. The Principal District judge, Khammam, made absolute the injunction order passed by the Vacation Civil Judge on 1. 12. 2003 in IA No. 1825 of 2001 (LA. No. 29 of 2001 ). The suit was later transferred to Senior Civil Judge, Sathupalli in Khammam district and renumbered as O. S. No. 41 of 2004. In the said Court the plaintiff filed la. No. 70 of 2005 under Order 39 Rule 2-A read with Section 151 of the Code of Civil procedure praying to order arrest of the defendant No. l and to detain him in civil prison for violation of the injunction order granted by the Court in LA. No. 1825 of 2001. The Senior Civil Judge, Sathupalli, allowed the said application and directed to issue arrest warrant against defendant No. l and to commit him to civil prison by 26. 10. 2005.

(2.) BEING aggrieved by the order of the Senior Civil Judge, Sathupalli, the present miscellaneous appeal has been preferred by the first defendant.

(3.) THE learned Counsel for the appellant-first defendant submitted that as per Order 39, Rule 2-A of the Code of civil Procedure, the Court, which passed the order alone is entitled to take action for disobedience of the orders of the Court and no other Court has any jurisdiction to pass such orders. As the District Judge, khammam, passed the injunction order, the senior Civil Judge's Court at Sathupally is not competent to pass order under Order 39 rule 2-A, therefore, the order is liable to be set aside.