(1.) In Regular Second Appeal No. 72/2001 arising out of a suit between the parties for specific performance of an agreement to sell, this Court on 12-4-2001 in an application, being CMP No. 117 of 2001 made under Order 41, Rule 5 and Order 39, Rules 1 and 2, Code of Civil Procedure, by the appellant/petitioner, had passed an order in the following terms:-
(2.) On 2-5-2001, the present petition was made the appellant/petitioner under Section 10 of the Contempt of Courts Act, 1971, for taking appropriate action against the respondents for having wilfully disobeyed the abovenoted order dated 12-4-2001. Claiming himself to be in possession of the land, subject matter of the dispute between the parties and in respect of which the suit for specific performance was filed by the respondents, the appellant/petitioner averred that after the passing of the abovenoted restraint order, the respondents accompanied by some ladies of the family after having made a forcible entry into the land, cut and removed the wheat crop sown therein by him. The total value of the crop alleged to have been forcibly cut and removed by the respondents has been assessed at Rs. 27,000.00. It was pleaded that the respondents had thus wilfully disobeyed the order dated 12-4-2001 of this Court and were, therefore, liable to be proceeded against for having committed civil contempt of this Court.
(3.) Though in the petition, it is nowhere pleaded as to when the act complained was committed by the respondents. Annexure P-2 annexed to the petition shows that such act was committed by the respondents on 22-4-2001. At the time of commission of the act complained of, respondent No. 1 Ram Nath, is alleged to be armed with a gun.