ROOP DEI ALIAS SWAROOP DEVI Vs. SUKHWANTI DEVI

JUDGEMENT

(1.) THIS petition, under section 115 of the Code of Civil Procedure, is directed against the order passed by learned Addl. District Judge, Solan, whereby the appeal preferred by the petitioners -defendants against the order passed by the learned Civil Judge (Senior Division), Solan on 23.10.2010 has been dismissed except with the modification that instead of thirty days imprisonment, the same has been reduced to twenty days.

(2.) THE plaintiff is the respondent, who alongwith the suit had filed an application for ad - interim injunction, on the basis of which an exparte stay order was passed on 20.3.2000, which was made absolute on 10.7.2000 in the presence of the counsel for the defendants -appellants. The defendants No. 1 to 4 through defendants No. 5 and 7 being their general power of attorney alienated the suit property to defendant No. 6 knowing fully well that there was status quo order in operation till the disposal of the main suit. Complaining of such violation, the plaintiff filed an application, under order 39 Rule 2A CPC.

(3.) IN response to this application objections on behalf of defendants - appellants regarding maintainability and mis -joinder of parties were taken. On merits, the passing of ex -parte injunction order and affirmation thereof was not seriously disputed. But despite these averments, the defendants still claimed that the order passed by the courts had not been violated. The learned trial court framed the following issues: -