CHANDRAKANTA RATHORE Vs. GAJANAND AWASTHI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 27/2/2017 passed by the First Additional District Judge, Guna in case No.6/10 fo-nh-, by which the application filed by the petitioners under Order VIII Rule 1 (3) and under Section 151 of CPC has been rejected.

(2.) The necessary facts for disposal of the present petition in short are that the respondent no.1 had filed a civil suit for specific performance of contract against respondent no.2. By order dated 11/10/2004 the respondent no.2 was directed not to alienate the property in dispute to third person, however, it appears that during the currency of the said interim order, the respondent no.2 alienated the property to the petitioners by different sale deeds. Accordingly, the respondent no.1 has filed an application under Order XXXIX Rule 2 (a) of CPC against the petitioners as well as respondent no.2. The petitioners filed an application under Section 151 of CPC on the ground that the civil suit in which the interim injunction order was passed has already been dismissed and it has been found that the agreement to sale was never executed by respondent no.2 in favour of respondent no.1.

(3.) The said application has been rejected by the impugned order on the ground that the application under Order XXXIX Rule 2 (a) of CPC has been filed on the ground of violation of temporary injunction order dated 11/10/2004 passed by the trial court. However, merely because the suit has come to an end would not absolve the petitioners from contempt which they have committed and accordingly, the case was fixed for recording of evidence of respondent no.1.