- (1.) Heard learned counsel for the parties and perused the record. Present contempt petition has been filed under Section 12 of the Contempt Court Act for the alleged noncompliance of the order dated 10.12.2010 passed in pending Second Appeal No. 375 of 2008(Mastram v. Ram Abilakh), the operative portion of the same is as under:- "Till the next date of listing, parties are directed to maintain status quo at the spot, as of today. "
(2.) As per the version of the applicant, the present contempt petition has been filed on the ground that the respondent has violated the order dated 10.12.2010 passed by this Court in pending Second Appeal No. 375 of 2008(Mastram v. Ram Abilakh), so they are liable to be punished.
(3.) Needless to mention herein that in a second appeal, an interim order/injunction order is granted by Court in view of the provisions as provided under order 39 Rule 10 C. P. C. In case, if there is any breach or disobedience of the said order passed by Court, for disobedience of the same, the procedure is provided under Order 39 Rule 2(a) C. P. C. which is as under:- "2-A. Consequence of disobedience or breach of injunction - (1) In the case of disobedience of any injunction granted or other order made under Rule I or Rule 2 or breach of any of the terms on which the injunction was granted or the order made, of the Court granting the injunction or making the order, or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months unless in the meantime the court directs his release. ";