(1.) THIS I.A. has been filed under Order 39 Rule 2A of CPC. Mr. P.K. Prasad, learned senior counsel, appearing for the respondents 1 (a), 1 (b) and 2, submitted that the appellant has violated the order dated 12.9.1995. He referred to the Serial No. 4 of Schedule 0' of the deed of partition dated 12.10.1954 to show that the lands in Jagir Village Jaria, Thana Torpa, District Ranchi, Thana No. 30, Khewat No.5, Khata Nos. 56, 57, 58, 59, 60, 61, 62 and 63, Majhias Don 9.96 acres, apart from other lands was allotted in the share of Samrathi Devi; and as per the Will made by her this Don landabout 10 acres was given to Sangram Singh Jaiswal, father of respondent 1 (a) and 1 (b), which Will has been probated by the impugned judgment. He further referred to the sale deed dated 8.7.2004 made by the appellant, selling 4.01 acres of Don land of Khata No. 56, Khewat No. 5 on a consideration of Rs. 1,35,0001 -. Relying on the judgments reported in A. I. R. 1996 S.C. 135 (Surjit Singh & Others vs. Harbans Singh and Others) and A.I.R. 2003 Allahabad 321 (Smt. Savitri Devi vs. Civil Judge (Senior Division), Gorakhpur & Others}, he submitted that as the said sale is in the teeth of the order of injunction passed by this Court on 12.9.1995, the purchasers Sahdeo Barla and Birsi Barla have not acquired any right and it is not necessary to notice them in this matter. He further referred to the order dated 23.3.2006 passed in Pro - bate Case No. 75 of 2002 to show the conduct of the appellant.
(2.) ON the other hand Mr. Manjul Prasad, appearing for the appellant, submitted that Schedule 0' property mentioned in the deed of partition dated 12.10.1954 shows total area of 14.88 acres in Village Jaria, Thana Torpa, District Ranchi and out of which an area of 4. acres has been sold and remaining 10 acres of the land as mentioned in the deed is still intact. He further submitted that the appellant was in dire need of money for treatment of his youngest son, namely, Binay Jaiswal who was suffering from cancer and therefore, the appellant sold only 4 acres of land out 14.88 acres with consent of the Respondents, and the area of 10 acres of land still remains intact as mentioned in the deed. He further submitted that ultimately Binay Jaiswal died on 25.10.2005.
(3.) THE order dated 12.9.1995 reads as follows: -