Case Note & Summary
The appellant, Sri Ananda Reddy, was the second defendant in a partition suit (O.S.No.7674/2001) filed by the respondents, Smt. Radhamma and Smt. Nalini, seeking a 2/9th share in suit schedule properties. The Trial Court, on 09.01.2002, passed an interim order restraining defendant Nos.1 to 3 from alienating the suit schedule properties until they filed objections to I.A.No.1. The appellant violated this order by executing a sale deed on 10.10.2002 in favor of one B.K.Srinath. The plaintiffs filed I.A.No.5 under Order 39 Rule 2A CPC seeking action for contempt. The Trial Court allowed the application and ordered the appellant's detention for one month. The appellant challenged this order in the present miscellaneous first appeal under Order 43 Rule 1(r) CPC. The High Court heard both sides and reserved judgment on 23.11.2024, pronouncing it on 29.11.2024. The court found that the Trial Court's order was based on evidence of violation and was not illegal or perverse. The appeal was dismissed, and the order of detention was upheld.
Headnote
A) Civil Procedure - Contempt of Court - Violation of Interim Injunction - Order 39 Rule 2A, Code of Civil Procedure, 1908 - The appellant, defendant No.2, violated an interim order dated 09.01.2002 restraining alienation of suit schedule properties by executing a sale deed on 10.10.2002. The Trial Court allowed I.A.No.5 under Order 39 Rule 2A CPC and ordered detention for one month. The High Court upheld the order, finding no illegality or perversity in the Trial Court's decision. (Paras 2-5)
Issue of Consideration
Whether the Trial Court was justified in ordering detention of the appellant for one month under Order 39 Rule 2A CPC for violating an interim injunction order.
Final Decision
The High Court dismissed the appeal and upheld the Trial Court's order dated 25.07.2013 directing detention of the appellant for one month under Order 39 Rule 2A CPC.
Law Points
- Order 39 Rule 2A CPC
- violation of interim injunction
- detention for contempt
- partition suit
- alienation of property
