Shamsuddin Ahmed, J. - (1.) An appeal under Section 19(1) of the Contempt of Courts Act was preferred against an Order dated 20.8.90 passed in C. O. No. 1614/87 by the Hon'ble Single Judge of this Court. In the said appeal an application for stay of the order impugned was filed. By order dated 21 8.90 we stayed the order impugned for a period of one week, Opposite Party No. 1 had entered appearance. Subsequently Opposite Party Nos. 2 So 6 have also entered appearance. The application for stay is now taken up for consideration and disposal.
(2.) To appreciate the point raised herein a brief resume of the facts leading to this appeal may be made. The petitioners filed a suit being tille suit No. 169 of 83 in the court of the learned Munsif, 2nd Court, Howrah against opposite party No. 1 Sailendra Mukherjee and others for a decree for permanent injunction restraining the defendants from disturbing or interfering with the running of a cinema business named and styled as 'Aloka'. The petitioners filed an application for appointment of a receiver and a receiver was appointed by the learned trial Court. Against that appointment of receiver a revisional application under Section 115 of the C.P.C. was filed before this court. The learned Single Judge of this court on 27th September, 1989 heard both the parties modified the order appointing receiver and disposed of the application. By the said order Gouri Sankar Mukherjee was directed to act as a Manager till the disposal of the suit on certain conditions mentioned therein. The suit in question was decreed on 10.8.50. On 11.8.90 opposite party No. 1 filed an application for stay of the operation of the judgment. The same was rejected by the learned Munsif. On the next day the petitioner went to the disputed cinema house but found that the Opposite Parties had created obstruction. They filed an application under Section 144 of the Cr. P. C. and obtained an order against opp. party No. 1 and others restraining them not Co interfere or disturb in running the cinema business named 'Aloka' and its management by the petitioner. On these facts, the opposite party moved the learned Single Judge for drawing up a proceeding under the contempt of courts Act. On 20. 8. 90 alleging that the suit was still pending and inspite of it the petitioner herein has interfered with the possession of the disputed property in violation of the order passed by the Hon'ble Single Judge. The learned Single Judge heard the matter in presence of the learned Advocates for both the parties. After hearing both the parties the order impugned was passed.
(3.) The learned Munsif decreed the suit on the following terms-That the suit be and the same is decreed on contest with all costs, Defendants are restrained permanently from disturbing or interfering with the Plaintiff running the 'Aloka Cinema' business. The defendants are directed to render full and proper accounts from 17.10 82 till 10 8.90 within six months, Damages in the form of mesne profit are to be paid by the defendants to the Plaintiff @12% per annum on the profits of the firm Aloka after accounts are finalised in a separate proceedings. Direction for accounts was also given.;