RAKESH KUMAR Vs. DINA NATH

JUDGEMENT

(1.) During the pendency of the apposite suit before the learned trial Court, an application stood preferred therebefore under Order 39 Rules 1 & 2 C.P.C. by the plaintiff/respondent herein wherein a prayer stood ventilated qua the defendant/petitioner herein during the pendency of the suit standing restrained from raising construction upon the suit land.

(2.) On the learned trial Court standing seized with the aforesaid application it on 3.5.2004 pronounced thereupon an order of ad interim injunction vis-a-vis suit land and upon the rival contestants thereat whereupon each of the parties to the lis was directed to maintain status quo qua nature and possession of the suit land. The aforesaid order remained alive besides held force upto 21.12.2004. A thorough rummaging of the record discloses qua thereafter uptill 4th August, 2004, the Presiding Officer of the learned trial Court proceeding on leave. On 9.12.2004 whereat the application under Order 39, Rules 1 and 2 of the CPC stood listed for consideration thereat he ordered for extension of the order of status quo as stood pronounced earlier on 3.5.2004. The defendants after 3.5.2004 purportedly wilfully violated the orders of status quo qua the suit property whereupon the plaintiff-applicant through an application moved by him under Order 39 Rule 2-A of the C.P.C. motioned the learned trial Court wherein he prayed for punitive action under the aforesaid provisions being ordered to be taken against the defendant/petitioner herein.

(3.) The learned trial Court, after striking issues on the pleadings of the parties and also after its permitting them to adduce their respective evidence thereon, on its appraising the relevant evidence(s) adduced respectively by them on each of the issue whereupon onus stood cast upon them pronounced the impugned order whereupon it recorded a conclusion of the defendant/petitioner intentionally besides deliberately violating the order of status quo pronounced vis-avis suit land on 3.5.2004.