MANWAR Vs. SAHARPAL

JUDGEMENT

(1.) Instant civil revision petition, at the hands of plaintiff, filed under Article 227 of the Constitution of India, is directed against the order dated 8.4.2015 (Annexure P-2) passed by the learned trial court and also judgment dated 30.1.2017 of the learned District Judge, upholding the order dated 8.4.2015 and dismissing the appeal of the petitioner, holding him guilty of willful disobedience of the order passed by the learned trial court.

(2.) Heard learned counsel for the petitioner.

(3.) It is a matter of record that petitioner filed civil suit No. 552 of 2009 on 14.12.2009 against one Braham Pal and present respondent, for possession by way of specific performance of the agreement to sell dated 25.3.2008, titled as Manwar v. Brahmpal and another. (However, in the orders Annexures P-2 and P-3, number of the civil suit has been recorded as 522 of 2009). Be that as it may, it was this suit of the plaintiff-petitioner wherein the learned trial court passed restraint order dated 21.12.2009 (Annexure P-1) and operative part thereof, reads as under:-