- (1.) HEARD the learned Counsel appearing for the parties.
(2.) RULE . Rule returnable forthwith. Taken up for final hearing by consent of parties. The learned Counsel appearing for the respondent waives service for the respondent. The plaintiff/respondent herein instituted a suit for declaration and permanent injunction and in the said suit, an application for grant of temporary injunction was moved. The trial Court had granted temporary injunction. The plaintiff alleging breach of injunction order, filed an application under Order XXXIX Rule 2A of the Code of Civil Procedure , 1908, for taking action against the defendants for disobedience and breach of injunction. The trial Court allowed the said application filed by the plaintiff under Order XXXIX Rule 2A and directed the detention of defendant no.1 Sopan in civil prison for a period of 8 days.
(3.) AGGRIEVED by the order directing detention in civil prison, passed under Order XXXIX Rule 2A, dated 9 4 2001 , an appeal came to be filed before the District Judge by the present petitioner against whom the order of detention in civil prison is passed. The IInd Additional District Judge, Parbhani , by the impugned order dated 6 11 2001 has dismissed the appeal as not maintainable and it is this order passed by the first appellate Court which is challenged in the instant revision application.;