BACHNU Vs. JAI PAL

JUDGEMENT

(1.) THIS revision petition has been filed by the defendants against the order of the learned Additional District Judge, Solan upholding the judgment and order of the learned Sub Judge, Nalagarh in a petition under Order 39 Rule 2-A of the Code of Civil Procedure ordering the detention of the petitioners-defendants in civil prison for a period of two months for disobedience of the interim injunction issued by the learned trial Court on 15.12.1998.

(2.) RESPONDENTS are the plaintiffs who instituted the suit against the petitioners-defendants in the learned trial Court for permanent prohibitory injunction restraining the petitioners-defendants from changing the nature and character of the suit land as described in the plaint. On 15.12.1998, learned trial Court issued an interim injunction in the following terms:-

(3.) PLAINTIFFS -respondents approached the learned trial Court alleging breach of the interim order. The application was taken up on various dates by the learned trial Court. The S.H.O. of Police Station Barotiwala was directed to provide assistance to the applicants in accordance with law to ensure compliance of the interim directions issued in favour of the plaintiff-respondents. After recording evidence on behalf of the parties, the learned trial Court allowed the application holding the petitioners responsible for deliberately disobeying the injunction and proceeded to order their detention in civil prison for a period of two months.