NARENDRA SINGH Vs. GOVIND SINGH

JUDGEMENT

(1.) Application under Order 39 Rule 2-A of CPC has been filed by applicant for seeking punitive action against respondent nos.3 and 5 for deliberately flouting the order dtd. 20/11/2024.

(2.) Petition in brief is that Second Appeal No.2698/2024 was preferred by applicant for having been aggrieved by the judgment and decree dtd. 30/9/2024 passed by Second Additional District Judge, Bareli, district Raisen, in RCA No. 17/2022 and under this judgment and decree, the first appellate Court reversed the judgment and decree passed in Civil Suit No.58/2007 on 29/8/2022 by Civil Judge, Senior Division, Bareli, district Raisen. The second appeal was admitted on 20/11/2024 and, allowing the application filed by applicant on that date, the Court, by way of interim measure, ordered that parties shall maintain status-quo in respect of suit property, as it existed on that date, till next date of hearing. Applicant claims that this order was duly informed to respondent no.5. Still in utter disregard of the order of the High Court, respondent no.5 passed an order of mutation in favour of respondent no.3 and that too under a back date. A request was, therefore, made in the petition to take punitive action against respondents no.3 and 5.

(3.) A joint reply was filed by respondent nos.4 and 5 under I.A. No.929/2026 denying the allegations made in the petition. It is further submitted by them that the order in question has already been set aside in Appeal Case No.0097/appeal/2024-2025 vide order dtd. 3/3/2025.