A.P.Sahi, J. - (1.) Heard learned Counsel for the applicant Sri S.M.A. Abidi assisted by Sri R.C. Tewari and Sri P.R. Maurya for opposite party Nos. 1 and 2.
(2.) The following charge was framed by this Court on 12.1.2007: "That you, Murari Giri and Mukund Giri sons of Nirankari Giri are hereby called upon to answer the charge as to why have you proceeded to alienate the property in dispute in teeth of the injunction granted by the final judgment dated 21.7.2005 about which you have full and complete knowledge as per the facts narrated herein above and, proceeded to violate the direction of this Court and therefore, why you should not be punished for having wilfully and deliberately committed the contempt of the judgment dated 21.7.2005."
(3.) The opposite party Nos. 1 and 2 preferred an appeal being Contempt Appeal No. 2 of 2007 against the aforesaid order of framing of charges. The appeal was dismissed as withdrawn on 6.2.2007 with liberty to the opposite parties to contest the charge. Sri P.R. Maurya was provided an opportunity and he has filed an affidavit today on behalf of the opposite parties and has advanced his submissions in defence. The defence put forth to the charge is that the opposite party Nos. 1 and 2 were not aware of the order dated 21.7.2005 and they are not parties therein therefore, there is no wilful and deliberate disobedience on their part in having executed the sale deed on 3.8.2006.;