IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.333 of 1983
RAMA SHANKER SINGH & ORS
Versus
JAGARNATH SINGH AND ORS
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25. 24.08.2010 Heard the learned counsel on behalf of the
appellant on the Interlocutory Application No. 3381 of
2007.
This I.A. No. i.e. 3381 of 2007 has been filed
under order 39 Rule 2A C.P.C. for initiating a
contempt proceeding against the Opposite Parties
mentioned in the Interlocutory Application.
The learned counsel submitted that by terms
of order dated 01.10.1985, this Court directed the
respondents, not to sell the property, but in spite of
the order of this Court, in gross violation thereof, the
respondent nos. 8, 9, 10 and 11 have sold the
properties to the Opposite Party nos. 2 to 10 of the
Interlocutory Application.
Admittedly, the Opposite Party nos. 2 to 10
are not parties in the First Appeal and the order
dated 01.10.1985 was passed against the
respondents.
So far the respondent nos. 8, 9 and 10 are
concerned, they are dead. Only the respondent no.
11, who is Opposite Party no. 1 in the Interlocutory
Application is therefore, concerned with the
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injunction order passed by this Court.
According to the learned counsel, the
respondent no. 11 along with others transferred the
suit property, as mentioned in detail, in paragraph 5,
6 and 7 of the Interlocutory Application in gross
violation of the order passed by this Court dated
01.10.1985.
In spite of service of notice, when this
application is heard, nobody appears on behalf of the
respondent no. 11. No show cause has also been
filed.
In my opinion, therefore, prima facie, it
appears that the respondent no. 11 has violated the
order dated 01.10.1985 passed by this Court
restraining the respondent from transferring the suit
property.
Accordingly, I direct the office to register this
I.A. No. 3381 of 2007 as separate contempt
application and the record may be placed before the
appropriate Bench for appropriate orders.
Saurabh (Mungeshwar Sahoo, J.)