TAPAN PAL Vs. PRONAB PAL

JUDGEMENT

(1.) This is an application under Article 215 of the Constitution of India and Section 10 of the Contempt of Courts Act, 1971 alleging wilful, deliberate and contumacious violation of the order dated 2nd April, 2013 passed by the Learned Civil Judge (Senior Division), 1st Court, Barasat in T.S. No. 852 of 2011 even after having knowledge of the said order dated 2nd April, 2013 and the petitioner prayed for drawing up proceeding of contempt against the respondent.

(2.) Brief facts leading to the instant case is that the petitioner as the plaintiff instituted a suit for specific performance of agreement for sale dated 10th November, 2008 being Title Suit No. 852 of 2011 in the Court of Civil Judge (Senior Division), 1st Court, Barasat.

(3.) Petitioner case, is that the Respondent/Defendant No. 2 in collusion with Maya Dhara, since deceased being the predecessor-in-interest of the defendants 1(a), 1(b) and 1(c) had not only changed the nature and character of the suit property but has also sold and transferred by creating third party interest over the suit property in violation of the order of injunction dated 2nd April, 2013. Last of such sale deed was executed on 19th May, 2016 in violation of the aforesaid order. Such facts has come to the light on 3rd May, 2017.