In an application filed before the Madhya Pradesh High Court under Order 39 Rule 2-A of the Code of Civil Procedure, 1908, for punishing non-applicants for the breach of an order dated 16-04-2012 confirmed by order dated 12-03-2014 passed by this Court, a Single Judge Bench of Justice Deepak Khot held the respondents guilty for breaching the injunction order and directed them to pay a fine of Rs. 1,00,000/-.
The original applicant (deceased) instituted a suit against the non-applicants seeking a declaration of title and partition, which was dismissed by a judgment and decree dated 30-11-2011. Aggrieved, the applicants filed a first appeal under Order 39, Rules 1 and 2 of the CPC. In the said appeal, the Court directed the parties to maintain the status quo with respect to the suit property and thereafter passed an order making the same absolute.
The applicants submitted that, despite an order maintaining the status quo, the non-applicants built a shop on the suit property. It was submitted that a complaint was also made to the Chief Municipal Officer.
The Court perused the reply by the non-applicants and stated that the same had been drafted cleverly, as the construction was not denied, but it was mentioned that the applicants had failed to clarify as to where the construction had been raised.
The Court expressed its surprise at the non-applicants’ understanding that the status quo means not creating third-party rights, but continuing construction on the suit property. It was said that, despite an order for maintenance of the status quo, the non-applicants had deliberately breached it. The Court stated that the present application was defended by giving a wrong interpretation of the order and misleading the Court.
While allowing the application, the Court held the non-applicants 1 to 5 guilty of breaching the injunction order and directed them to pay a fine of Rs. 1,00,000/- to the applicants within 15 days, failing which they would have to undergo simple imprisonment for two weeks.
Appearances:
For Applicants – Mr. Jaspreet Gulati
For Respondents – Mr. Rajendra Kumar Gupta, Mr. Sandeep Vyas