SAROJ Vs. RADHE SHYAM GUPTA

JUDGEMENT

(1.) INSTANT Revision Petition is directed against order dt.16/09/2003 passed by the Additional District Judge No.1, Jaipur in Civil Misc. Appeal no.88/2001 partly confirming the order dated 06/11/2001 passed by the Additional Civil Judge (JD) No.2, Jaipur City, Jaipur in Civil Misc. Application no.777/2001 filed under Order 39 Rule 2A of CPC.

(2.) THE contentious issue between the parties is violation of an interim order dt. 31/08/1991 passed by the Ld. Trial Court. Feeling aggrieved by the breach of the above dated interim order, the plaintiff -respondent preferred an application under Order 39 Rule 2A of CPC in the Trial Court and the Trial Court after evaluating the documentary evidence as well as the oral evidence led by both the parties, concluded that the defendant -petitioner herein had violated the interim order of the injunction dt.31/08/1991 and thus, vide order dt.06/11/2001 directed the petitioner herein to remove the construction made after passing of the interim order within a period of one month, failing therewith to attach the disputed property of the defendant -petitioner and commit her to civil prison for three months.

(3.) THIS order was assailed by the defendant -petitioner by way of Civil Misc. Appeal No.88/2001 and the ld. ADJ concurring with the view taken by the Trial Court also concluded that the defendant -petitioner herein had violated the interim order but was of the view that under order 39 Rule 2A of CPC, the Court was not entitled to order demolishing of the constructions made in defiance of the interim injunction order but could only direct attachment of the property and commit a wrong doer to civil prison and based on such view, the Appellate Court vide order dt.16/09/2003 partly allowed the appeal preferred by the defendant -petitioner herein, and set aside the order of demolition passed by the Trial Court but sustained the order of attachment of property as well as commitment of the defendant -petitioner herein to civil prison.