BASANT KUMAR Vs. WARSHA KHATOON

JUDGEMENT

(1.) THE petitioner has filed this application for taking appropriate action against opposite parties for violating and disobeying the order dated 13.5.1999 of this Court passed in M.A. No. 401 of 1998 by which opposite parties were directed to maintain status quo.

(2.) BRIEF facts of the case are that petitioner filed a suit against opposite parties for specific performance of contract in respect of sale of a land fully described in Schedule -IV of the plaint of the suit. In that suit, the petitioner filed a petition dated 12.9.1997 under Order 39, Rules 1 and 2 and Section 151 of Civil Procedure Code (in short "CPC") with a prayer to restrain opposite parties from alienating or transferring the suit properties. This petition was rejected and against which petitioner filed M.A. No. 401 of 1998 in this Court. The petitioner filed I.A. No. 10319 of 1998 for grant of Shambhu Nath Mishra Versus State Of Bihar injunction against opposite parties directing them not to sell or alienate the physical feature of suit properties. The aforesaid miscellaneous appeal was listed for hearing under Order 41, Rule 11 of CPC alongwith I.A.No. 10319 of 1998 and on 13.5.1999 after hearing the counsel of petitioner, the miscellaneous appeal was admitted for hearing and order issuing notice to opposite parties was passed on the interlocutory application filed by petitioner and this Court further observed that in the meanwhile, opposite parties shall try to maintain status quo.

(3.) SHOW cause notices to opposite parties were issued and opposite parties have appeared and have filed reply to show cause notices.