- (1.)This is an appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter called the Act), against the order of the learned single Judge, dated May 20, 1980 whereby all the appellants have been held guilty of the contempt of Court under Section 12 of the Act, and sentenced to pay a fine of 2,000/- each, and in default of payment of fine, to undergo simple imprisonment for 15 days each.
(2.)The facts giving rise to this appeal, are that Gurnam Singh and Tara Singh, appellants and one Gulzar Singh, filed a suit against Mahant Hardial Singh, respondent, and others, under Section 92, Civil Procedure Code, inter alia for the removal of the respondent from the management of Dera Thakran and for appointing Gurnam Singh, appellant, as a new trustee and Mahant of the Dera. The learned Additional District Judge, Amritsar, though decreed the plaintiffs' suit partially vide judgment dated March 30, 1979, he dismissed the same qua the second relief holding that Gurnam Singh plaintiff was not a proper person to handle properties of the Dera, and therefore, unfit for appointment as Mahant. The operative part of that judgment reads. -
"So far as relief of appointing the plaintiff No. 1 as trustee and Mahant of the Dera is concerned the said relief cannot be granted to him as he too is not a proper person to handle the properties of the Dera. It was he who led the revolt against the present management. He was invested with some responsibility regarding management of the Dera but he failed to discharge his responsibility. As already discussed above he had been realising the rents from various persons but he never kept any true accounts of the same. This amounts to misconduct on the part of plaintiff No. 1 and such a person certainly cannot be put incharge of the management of the Dera. He will not be a proper person to be in charge of these properties for these acts of misconduct done by him with respect to the immovable properties of the Dera. Therefore, his suit to this effect would stand dismissed.

After the death of Mahant Sajjan Singh Nirmal Bhekh collected and appointed new Mahant to manage the properties. It is ordered that similarly Nirmal Bhekh would appoint a new mahant for proper management of the Dera as the previous Mahant and Naib-Mahant failed to discharge their duties. I leave the parties to bear their own costs."

Against the said judgment and decree of the Additional District Judge, Hardial Singh, respondent, filed R.F.A. No. 1096 of 1979, which is still pending in this Court.

(3.)During the pendency of the said Appeal, when Hardial Singh, respondent, came to know that a general meeting of Nirmal Bhekh would be held on May 29, 1979, under the Presidentship of Mahant Lal Singh (one of the appellants), in which the agenda for discussion were regarding the management of Dera Thakran, he moved an application, Civil Misc. Application No. 949-C.I. of 1979, enumerating therein the aforesaid facts and praying that the appellants (respondents in that application), be restrained from appointing any Mahant in his place. In that application, Gurnam Singh, J. passed the following orders on May 28, 1979 :-
"Notice for 12th July, 1979 and in the meantime no successor Mahant of Dera Thakran, Amritsar be appointed.

Status quo regarding the management of the Dera is also ordered. Telegrams at the expenses of the petitioner be sent."