SANMAN SINGH Vs. SUMER SINGH

JUDGEMENT

(1.) By invoking the jurisdiction under section 19 of Contempt of Courts Act, 1971 (in short "the Contempt of Courts Act") read with section 104 (h) and Order XLIII, Rule 1(r) of Civil Procedure Code the impugned order dated 1-9-2010 passed by learned Single Judge of this Court in M. C. C. No. 59/09 holding that the appellant has violated the order dated 18-5-2006 passed in First Appeal No. 270/2003, this appeal has been filed. No exhaustive statement of facts is required to be narrated for the purpose of disposal of this appeal, suffice it to say that in First Appeal No. 270/2003, the following order was passed by the learned Single Judge of this Court on 18-5-2006 which reads thus :

(2.) The first appeal was listed thereafter for hearing on 14-8-2006 before the learned Single Judge, on the aforesaid date the learned Single Judge ordered that order dated 18-5-2006 shall remain in operation till final disposal of the first appeal. It is curious to note that after having passed interim order on 18-5-2006 which was made absolute on 14-8-2006, the appellant by executing a registered sale deed on 30-3-2007 sold a part of the property of Survey No. 291/5 to Narayan Singh Kushwaha. On bare perusal of the impugned order dated 1-9-2010, it is gathered that the appellant in his reply has admitted the factum of selling the suit property after passing of the interim order. The relevant averments raised by the appellant are reproduced as under :

(3.) On bare perusal of the stand taken by the appellant, we have no scintilla of doubt in our mind that by flouting the order of this Court dated 18-5-2006, which was affirmed and was made absolute on 14-8-2006 a part of the land of Survey No. 291/5, which is a part of suit land was sold by appellant, and thus, clearly the order has been violated and there is a breach of the temporary injunction order.