GENDALAL AND ORS. Vs. CHAGGANLAL AND ORS.

JUDGEMENT

(1.) Heard. The present appeal has been filed by the appellants being aggrieved by the order dated 28-3-2014 passed by 16th Additional District Judge, Indore.

(2.) Facts of the case reveal that an application was preferred in civil suit under Order 39 Rules 1 and 2 read with Section 151 of the CPC and an interim order was passed on 8-11-2006 directing the parties not to alienate the property in question, i.e., land bearing Survey No. 96 situated in Village Betma, Tehsil Depalpur. The dispute was between the family members and during the pendency of the injunction order, the land was sold and, therefore, an application was preferred under Order 39 Rule 2-A of the CPC. The Trial Court has held the respondents guilty of committing a breach and a fine of Rs. 5,000/- has been imposed.

(3.) Learned Counsel appearing for the appellants has vehemently argued before this Court that the fine of Rs. 5,000/- is too meager and the defendant should have been sent to jail.