- (1.) Heard learned Counsel for the applicant and perused the record. Initially Sri Raja Ram (now deceased) substituted by his legal representative/Sri Ram Sewak has filed second appeal No. 707 of 2003 before this Court. On 8.7.2003 an interim injunction/order has been granted, the same reads as under: "Till then status-quo shall be maintained."
(2.) Learned Counsel for the applicant submits that in spite of the service of the said order, the respondents are willfully and deliberately disobeyed the same, so the present contempt petition has been filed under section 12 of the Contempt of Court's Act to initiate the contempt proceedings against them.
(3.) It is late in a day to quarrel that if in a second appeal, an interim order/injunction order is granted by Court under Order XXXIX, Rules 1 and 2, C.P.C. if there is any breach or disobedience of the said order then statutory remedy available to the appellant is under Order XXXIX, 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.";