KALPANA MUDGAL Vs. VINOD KUMAR SHARMA

JUDGEMENT

(1.) This revision under Section 115 of Civil Procedure Code, 1908 has been preferred by the petitioner against the order dated 5.7.2018 passed by learned First Additional District Judge, Gwalior in Civil Misc. Appeal No. 160/2017, whereby the order dated 21.11.2017 passed by Fifteenth Civil Judge Class-2, Gwalior in MJC No.6/2016 has been confirmed, however sentence of one month civil imprisonment of the petitioner has been reduced to two weeks.

(2.) Brief facts of the case are that the respondent No.1 instituted a suit for declaration and injunction against various persons including the present petitioner, who was the defendant No.1. The suit was in respect of certain land in survey No. 30, area 0.784 hectare at village Ghatampur, Tahsil and District Gwalior. An application for temporary injunction under Order 39 Rule 1 and 2 CPC was filed along with the suit. The said application was decided on 28.2.2015, that was Saturday and the defendants therein were restrained from alienating the suit land during pendency of the suit. The order was passed on Saturday and before the petitioner or her counsel could get the knowledge of the order, a small portion of 5000 sq.ft. land was sold by the power of attorney holder of the present petitioner two days later of the order, i.e., on 2.3.2015, that was Monday. The respondents moved an application under Order 39 Rule 2-A of CPC for committing the petitioner to civil jail for having allegedly committed breach of injunction order passed by the Court. The petitioner contested the application on the ground that she obtained knowledge of the order on 3.3.2015 and when she told her power of attorney holder about the same, she was conveyed that power of attorney holder had already executed the sale deed on 2.3.2015. It is also submitted that after getting knowledge of the order no further sale of any parcel of the land has been made and the order is being duly complied with.

(3.) After hearing the parties, trial Court held the petitioner guilty under Order 39 Rule 2-A of CPC and sentenced her to civil jail for one month. The petitioner filed appeal before the lower appellate Court and the lower appellate Court while upholding the guilt of the petitioner has reduced the tenure of civil jail to a period of fifteen days. Being aggrieved by the orders dated 5.7.2018 and 21.11.2017, the present revision is filed by the petitioner.