MAHENDRA PD SINGH Vs. MAHESHWAR SINGH

JUDGEMENT

(1.) THIS civil revision has been filed by the defendant against the order of the 5th Additional District Judge, Samastipur dated 22 December, 2001 in Misc. Appl. No. 10 of 1996 (Mahendra Pd. Singh vs. Maheshwar Singh & Ors.). The appeal arose out of an order dated 21 May, 1996 of the Subordinate Judge, Rosera in Misc. Case no. 21 of 1993 filed by the plaintiffs complaining that during the pendency of the suit there was violation of an injunction dated 15 February, 1993 by the defendant and for that he be punished. It was a status quo order restraining any construction over the suit land and to maintain the status quo.

(2.) THE civil revision has been filed against the concurrent findings of two courts below holding that the defendant, the revisionist before the High Court, violated the terms of the injunction. A special issue was framed by the trial court in the matter relating to the violation of an injunction under Order 39, Rule 2(A). The issue as framed runs thus : Whether the appellant/opposite party had knowledge about the impugned order dated 2.3.1993 and in spite of that knowledge he had knowingly disobeyed the same by changing status quo of the suit land from 7.3.1993 to 10.3.1993 as alleged by the applicant.

(3.) NOW coming to the main issue, parties laid evidence on the issue which was framed by the trial court. The issue was not confined to the aspect that the construction was carried until 7 March, 1993. The issue was clear that the defendant had been charged with an allegation of violation of an injunction between the period 7 March, 1993 to 10 March, 1993.