Seth, J. - (1.) Pursuant to our order dated 5th August, 2004, since the Court did not sit on 2nd September, 2004 at 2 P.M., the alleged contemner No. 1 had reported his appearance before the Registrar, Original Side which is noted by us.
(2.) In this contempt petition, contempt is alleged to the order dated 9th September, 1998 passed by the Division Bench in APO No. 66 of 1997 arising out of Suit No. 939 of 1978. The suit arose out of execution of the two deeds of lease, which are at page 92 of the contempt application on June 4, 1999 by the alleged contemner Bhakti Bikash Sajjan Maharaj as Secretary of the governing body of Sri Chaitanya Math Mayapur, Nadia in respect of its property of Purushottam Goudia Math branch at Puri in favour of Sri Joy Krishna Mahapatra and others. These leases were executed by the said Sajjan Maharaj on the authority of his being the Secretary of the governing body of Sri Chaitanya Math Mayapur, Nadia claiming to be in possession. The Appellate Court while disposing of the appeal, as it appears from page 89 of this application, was pleased to couch its conclusion with the following expression : "Accordingly, while we hold that the learned Trial Judge was justified in declaring the two deeds of appointment dated July 7, 1976, Exts. B & C, to be void, inoperative, ineffective and also in restraining the defendants from interfering with the affairs of the Mayapur Sri Chaitanya Math as also Sri Chaitanya Research Institute on the basis of the said deeds of appointment. It was alleged that the execution of the said lease deeds were in violation of the order of injunction restraining the alleged contemner Sajjan Maharaj from interfering with the affairs of the Mayapur Sri Chaitanya Math as also Sri Chaitanya Research Institute on the strength of his alleged appointment as Secretary.
(3.) By or under our order dated 17th February, 2004 after having heard the respective Counsel for the parties and perusing the materials, for the reasons given in the order dated 17th February, 2004, we had held Sri Bhakti Bikash Sajjan Maharaj and the alleged contemner No. 5 guilty of contumacious conduct and directed Sri Sajjan Maharaj and the respondent No. 5 to appear in person before this Court on 16th of March, 2004 at 2 P.M. and also to appoint a Special Officer for the purpose indicated in the said order.;