SITA RAM Vs. DEVI SINGH

JUDGEMENT

(1.) Present matter revolves around an application under Order XXXIX Rule 2A read with Sec. 151 CPC by Sita Ram (now revisionist) against Devi Singh and others (now respondent) in all numbering six, for initiation of contempt proceedings for allegations of violation of order dtd. 14/11/2008 in a civil suit bearing No.248 of 2007 titled 'Sita Ram & others vs. Manga & others' (in short, 'the suit').

(2.) Upon hearing Mr. Rajesh Bansal, Advocate for the petitioner; Mr. Naresh Kumar, Advocate for the respondent and perusal of the records.

(3.) In the said civil suit, an interim stay application was moved and vide order dtd. 14/11/2008 defendants No.2 to 5 therein were restrained from alienating the suit land till the decision of the suit. The primary claim is that in spite of the stay order being in operation on 20/11/2008 respondents No.1 and 2 executed registered sale deed bearing No.2189 dtd. 17/12/2008 in respect of the suit land who in spite of having been informed of the stay, went ahead with the execution of the sale deed and so the allegations. The then respondents No.2 and 3 had died leaving the others to face the prosecution for this contempt and who in their plea have denied having any knowledge of the order. The Court below framed the following issues:-