KAMLENDRA SINGH Vs. RAJENDRA PATHAK

JUDGEMENT

(1.) These two miscellaneous civil cases have been filed under the provision of Order 39 Rule 2A of CPC for seeking retributive action against respondents for committing breach of injunction order passed on 8/2/2002 whereunder they were restrained from alienating the suit property till further orders.

(2.) According to petitioner-appellant/plaintiff, respondents in both the miscellaneous civil cases were restrained, vide order dtd. 8/2/2012, from alienating the suit property till the disposal of First Appeal No.141/2000 and despite that order, Brijendra Singh (respondent no.2 in MCC 827/2012) sold a part of disputed property during the pendency of appeal and ignoring the request made by petitioner-appellant/plaintiff, respondent no.1 did not intervene to persuade respondent no.2 not to alienate the property. Further, Ravendra Singh (respondent arrayed in MCC No.582/2021) mortgaged the property with the State Bank of India for taking loan and has, thus, alienated substantial interest in the suit property. Therefore both the petitions have been filed for appropriate penal action against the respondents of the two miscellaneous civil cases.

(3.) Respondent in both the cases have contested the petition by filing written reply.