Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2746 of 2021 Applicant :- Smt. Anno Devi Opposite Party :- Sri Manoj Kumar Sonkar And Others Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 03.02.2021 passed by IInd Civil Judge (Junior Division), Kasganj in Original Suit No.28 of 2021 (Smt. Anno Devi Vs. Brajpal and others).
It is argued by learned counsel for the applicant that in spite of interim injunction granted in favour of the applicant, the respondents are not compiling with the same and violating the aforesaid order thereby committed contempt.
A specific provision has been provided under Order XXXIX Rule 2A of CPC that in case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached. Order XXXIX Rule 2-A is reproduced below:-
Order XXXIX Rule 2A. :-
"Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release."
In the facts and circumstances of the case, the present contempt application is disposed of permitting the petitioner to file appropriate application in this regard before the court below as provided under Order XXXIX Rule 2-A CPC within a period of 10 days from today. If such an application is filed within the period stipulated above, the Court below is directed to pass appropriate orders on the same expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
With the aforesaid observations, the present contempt application is disposed of.
Order Date :- 30.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.08.02 12:51:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad