Case Note & Summary
The petitioner, Hasan Ali Bohra, was the defendant No.3 in a civil suit filed by respondent No.1, Sindhutai Dabhade, seeking a declaration that a sale deed executed in favour of the petitioner was not binding on her and for specific performance of an agreement to sell. The plaintiff had filed an application for temporary injunction under Order 39 Rules 1 and 2 CPC, which was dismissed by the trial court. In appeal before the District Court, the plaintiff filed another application for temporary injunction. On 17th January 2004, the District Judge passed an order directing the parties to maintain status quo. According to the plaintiff, the petitioner breached this order by continuing construction on the suit property. Consequently, the plaintiff filed an application under Order 39 Rule 11 read with Section 151 CPC, seeking to strike off the petitioner's defence and forfeit his right to contest the appeal. The District Judge, after hearing the parties, held that the petitioner had indeed made alterations and undertaken construction in violation of the status quo order. However, considering that the matter had been pending for about 13 years, the court directed the petitioner to pay Rs.1,00,000/- as compensation to the plaintiff, rather than striking off the defence. The petitioner challenged this order in the High Court. The High Court noted that the respondents were served but none appeared. After hearing the petitioner's counsel, the court found no merit in the petition. The High Court held that the District Judge had exercised discretion judiciously and the compensation amount was proportionate to the breach. The court observed that the order did not warrant interference under Article 227 of the Constitution. The petition was dismissed, and the rule was discharged.
Headnote
A) Civil Procedure - Breach of Injunction - Order 39 Rule 11 CPC - Compensation - The District Judge found that the petitioner violated the status quo order dated 17th January 2004 by making alterations and construction on the suit property. Instead of striking off the defence, the court directed payment of Rs.1,00,000/- as compensation to the plaintiff, considering the long pendency of the matter. The High Court upheld this order, holding that the penalty was proportionate and within the court's discretion. (Paras 4-5)
Issue of Consideration
Whether the District Judge was justified in directing the petitioner to pay compensation of Rs.1,00,000/- for breach of the status quo order, instead of striking off the defence under Order 39 Rule 11 CPC.
Final Decision
The High Court dismissed the writ petition, upholding the order of the District Judge directing the petitioner to pay Rs.1,00,000/- as compensation for breach of the status quo order.
Law Points
- Breach of status quo order
- Order 39 Rule 11 CPC
- Compensation for contempt
- Proportionality of penalty
- Interim injunction violation
