MANOHAR LAL Vs. MADAN LAL GOYAL

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 29.09.2008 (Annexure P -1) passed by learned Additional Civil Judge (Sr. Divn.), Faridkot whereby the petitioner has been sentenced to undergo civil imprisonment for a period of two months in an application filed under Order 39 Rule 2 -A of the Code of Civil Procedure, 1908 (in short "the Code") for violating the order dated 01.09.2011 and order dated

(2.) 12.2010 (Annexure P -2) passed by learned District Judge, Faridkot vide which appeal preferred by the petitioner against the order dated 29.09.2008 has been dismissed. 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 captioned 'Madan Lal Goyal v. M/s Bahadur Chand Dina Nath and others' for recovery of Rs.4,42,427/ -. Along with the suit, an application under Order 39 Rules 1 and 2 read with Section 151 of the Code for restraining the petitioner herein and others from alienating the land in dispute as detailed therein was also filed. Vide order dated 01.09.2011, learned Civil Judge (Jr. Divn.), Faridkot passed the interim injunction order which was extended from time to time. However, the petitioner during pendency of suit and subsistence of interim injunction order intentionally sold the suit property and thereby violated the order of the Court. For violation of order of the Court, respondent no.1 moved application under Order 39 Rule 2 -A of the Code. On pleading of parties, following issues were framed:

(3.) THE appeal preferred by the petitioner against the order dated 29.09.2008 has also been dismissed by learned District Judge, Faridkot vide order dated 02.12.2010. Hence, this revision.