SANDHYA DEY Vs. MOTILAL GHOSH

JUDGEMENT

(1.) Heard Shri Siddhant Dutta, learned counsel for the petitioner who by means of this petition filed under Article 227 of the Constitution of India has put to challenge an order dtd. 16/3/2023 passed by the learned Civil Judge, Dibrugarh in Misc. Appeal No. 02/2019 whereby the appeal has been dismissed and the order dtd. 27/7/2018 passed by the learned Munsiff No.1, Dibrugarh in Misc.(J) Case No. 42/2011 arising out of T.S. No. 58/2011 has been affirmed. By the aforesaid order, the learned Munsiff has passed an order of conviction of the petitioner for violation of the injunction order passed in Misc. (J) Case No. 36/2011.

(2.) The learned counsel for the petitioner, by drawing the attention of this Court to the order impugned has submitted that a direction has been given for detention of the petitioner in Civil imprisonment. The learned counsel has submitted that the said direction may be substituted by any other direction by imposing penalty of payment of any cost or compensation and the petitioner being a lady, her case may be considered.

(3.) The First Appellate Court vide the order dtd. 16/3/2023 has considered the case of the appellant and thereafter has dismissed the appeal.