Case Note & Summary
The case arises from an appeal against a judgment and order dated 12th April 1999 by which the appellants were held guilty of breach of an injunction order dated 27th November 1997 passed by the learned Joint District Judge, Sangli. The appellants were ordered to be detained in civil prison for two months. The appeal was heard on 28th March 2005 and judgment dictated on 4th April 2005. The court upheld the finding of willful disobedience and confirmed the sentence of civil detention.
Headnote
A) Civil Procedure - Breach of Injunction - Order 39 Rule 2A CPC - Willful Disobedience - The appellants were held guilty of having committed breach of an order dated 27th November 1997 passed by the learned Joint District Judge, Sangli, and were ordered to be detained in Civil Prison for a period of two months. The court upheld the finding of willful disobedience and confirmed the sentence of civil detention. (Paras 1-2)
Issue of Consideration
Whether the appellants committed willful breach of the injunction order dated 27th November 1997 passed by the learned Joint District Judge, Sangli, and whether the order of civil detention for two months was justified.
Final Decision
The appeal was dismissed and the order of civil detention for two months was upheld.
Law Points
- Civil contempt
- breach of injunction
- willful disobedience
- Order 39 Rule 2A CPC
- civil detention
Case Details
2005 LawText (BOM) (04) 24
Appeal from Order No.536 of 1999
Shri S.D. Dharmadhikari for the Appellants, Shri R.V. More for Respondent Nos.1 & 2
Shri Noormohamed Maqbul Mujawar & Anr.
Sou. Bismilla Nalso Mujawar & Ors.
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Nature of Litigation
Appeal from order holding appellants guilty of breach of injunction and ordering civil detention.
Remedy Sought
Appellants sought to set aside the judgment and order dated 12th April 1999.
Filing Reason
Appellants were held guilty of breach of order dated 27th November 1997 passed by the learned Joint District Judge, Sangli.
Previous Decisions
Judgment and order dated 12th April 1999 by the learned Joint District Judge, Sangli, holding appellants guilty and ordering detention for two months.
Issues
Whether the appellants committed willful breach of the injunction order dated 27th November 1997.
Ratio Decidendi
The court found that the appellants had willfully disobeyed the injunction order and therefore the order of civil detention under Order 39 Rule 2A CPC was justified.
Judgment Excerpts
By This Appeal from Order, Appellants have impugned the Judgment and Order dated 12th April 1999 by which Appellants were held guilty of having committed breach of order dated 27th November 1997 passed by the learned Joint District Judge, Sangli.
The Appellants were ordered to be detained in Civil Prison for a period of two months subject to ...
Procedural History
The learned Joint District Judge, Sangli passed an order on 27th November 1997. On 12th April 1999, the appellants were held guilty of breach of that order and ordered to be detained in civil prison for two months. The appellants appealed to the High Court, which heard submissions on 28th March 2005 and dictated judgment on 4th April 2005, dismissing the appeal.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rule 2A
