SURESH CHANDRA Vs. KAILASH CHANDRA

JUDGEMENT

(1.) Being aggrieved by the order dated 9th July, 2001 passed by Ilnd Additional District Judge, Bhind in M.A. No. 7/2000 whereby the order dated 4-7-2000 passed by learned Civil Judge, Class-11, Bhind in M.J.C. No. 5/98 whereby the application filed by the petitioner under Order XXXIX, Rule 2-A of C.P.C. was allowed and the respondent was directed to be sent in civil jail for a period of one month and to pay a fine of Rs. 1,000/- was set aside, the present revision petition has been filed.

(2.) Short facts of the case are that the petitioner filed a suit for permanent injunction wherein a prayer was made for grant of temporary injunction. The suit was registered as Civil Suit No. 129/98 in the Court of Second Civil Judge, Class II, Bhind. On 2-8-1991, after hearing both the parties, the prayer made by the petitioner was allowed and temporary injunction was granted whereby the respondent was restrained from alienating the property. At the latter stage of the suit on 14-12-1993, the learned Trial Court while deciding the preliminary issue came to the conclusion that the Court has no jurisdiction, hence the suit was returned for filing the same before the competent Court having jurisdiction. Instead of filing the suit before the competent Court, petitioner preferred to challenge the order before the Appellate Court. Hence, the appeal was filed in the Court of IVth Additional District Judge, Bhind. The appeal filed by the petitioner was allowed on 18-1-1997 whereby order dated 14-12-1993 passed by Second Civil Judge, Class-II Bhind, was set aside holding that the Civil Court is having the jurisdiction.

(3.) During pendency of the appeal filed by the petitioner, on 20th February, 1994 and 26th of August, 1995 sale deeds of the property in dispute were executed by the respondent. On 4-11-1998 after the order of Appellate Court an application was filed by the petitioner under Order XXXIX, Rule 2-A of the C.P.C. for disobedience of the order dated 2-8-1991. This application was registered as Case No. 5/98 M.J.C. The application was opposed by the respondent. After holding the summarily enquiry by order dated 4-7-2000, the learned Trial Court allowed the application holding that by executing the sale deed dated 20-2-1994 and 26-8-1995 respondent has disobeyed the order passed by the Court hence it was directed to punish the respondent for civil imprisonment for a period of one month and for a fine of Rs. 1,000/-. Against the order dated 4-7-2000 respondent preferred an appeal in the Court of Second Additional District Judge, Bhind which was numbered as M.A. No.7/2000 and was allowed vide order dated 19th July, 2001 whereby the order of Civil Judge, Class-II, Bhind was set aside. Being aggrieved by the order passed by the Appellate Court the present revision petition has been filed.