KARODHAN DEVI AND OTHERS Vs. PREM CHAND

JUDGEMENT

(1.) Brief facts of the case are that the respondent filed a suit for specific performance pertaining to land as per the details given in the plaint which was decreed by the learned trial Court vide judgment and decree dated 28.04.1999. On an appeal, the learned first appellate Court varied the findings of the learned trial Court and passed a decree for recovery of '10,680/- + '15,000/- ='25,680/- by way of damages alongwith interest thereupon @ 6% per annum from the date of filing the suit till the recovery thereof.

(2.) The respondent filed RSA No.176/2009 which has been admitted and is pending adjudication before the learned Single Judge. During the pendency of the appeal, respondent filed an application under Order 39 Rule 1 and 2 CPC in which interim order was passed on 22.04.2009 and subsequently the said order was made absolute on 24.09.2010. The respondent thereafter filed an application under Order 39 Rule 2-A CPC which was registered as CMP No.874 of 2011 wherein the allegations were made regarding disobedience of the aforesaid orders.

(3.) The learned Single Judge vide order dated 20.05.2015 allowed this application and directions were issued to the District Collector, Hamirpur, to attach the properties of the appellants (herein) with a further direction to the appellants to demolish the fresh/new construction raised by them during the pendency of the appeal when the interim orders were in operation. A period of three weeks' was granted for the aforesaid purpose, failing which they were ordered to be detained in civil imprisonment at the first instance for a period of one month.