SUKHDEV SINGH Vs. BEEBO @ KIRANJEET KAUR AND OTHERS

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 27.01.2012 (Annexure P-4) passed by learned Additional Civil Judge (Sr. Divn.), Talwandi Sabo whereby the petitioner has been ordered to be sent to civil imprisonment for one month for the alleged violation of decree dated 31.01.2001.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent no.1 filed civil suit No.34 of 12.01.1999 for joint possession and permanent injunction to the extent of 1/2 share in land measuring 78 kanals 19 marlas and 11/54 share in the land measuring 2 kanals 14 marlas as detailed in the head note of the plaint. The petitioner was proceeded against ex parte being proforma defendant. The suit was partly decreed on 31.01.2001 whereby respondents no.2 and 3 were restrained from alienating any portion of the suit land in any manner. Thereafter, respondent no.1 filed an application for initiating contempt proceedings against judgment debtors for violation of decree dated 31.01.2001 alleging that during the pendency of suit, temporary injunction was also granted restraining respondent no.2-Jagsir Singh from alienating the suit land till decision of the Court vide order dated 23.02.1999. The petitioner and respondents no.2 to 8 had due knowledge of the injunction order dated 23.02.1999 qua which rapat was lodged with the patwari and rapat no.173 dated 13.11.1999 was entered. Even a note qua the stay order dated 13.02.1999 was given in the prevailing jamabandi by giving reference to this rapat No.173 dated 13.11.1999. However, defying the injunction order dated 13.02.1999, respondent no.2 executed a mortgage deed No.2605 dated 10.01.2000 qua land measuring 16 kanals in favour of Punjab National Bank, Raman. Sukhdev Singh also executed another mortgage deed no.2158 dated 29.08.2005 by mortgaging the land measuring 44 kanals 9 marlas in favour of Primary Agriculture Development Bank Raman Mandi out of suit land. Respondent no.2 further executed a sale deed No.1717 dated 7.8.2007 qua land measuring 3 marlas in favour of respondent no.4 out of the suit land.

(3.) Respondents no.4 and 5 were posted in the Primary Agriculture Development Bank Ltd., Raman at the time of execution of registered mortgage deed dated 10.01.2000 and respondents no.6 and 7 were posted in the Punjab National Bank, Branch Raman at the time of mortgage deed No.2158 dated 29.08.2005. Respondent no.8 was working as a document writer at the time of scribing the sale deed on 6.7.2008 which was registered on 7.8.2007. Respondent no.9 was posted as Sub Registrar, Talwandi Sabo. Respondent-Leelu was also a party to the civil suit and was an attesting witness of the registered deed. Upon notice, the petitioner filed reply alleging that he was not a party to the civil suit and does not know about the stay order, nor about rapat no.173.