Vijay Bishnoi, J. - (1.) THIS appeal has been preferred against the order dated 6.10.2003 whereby the learned Additional District Judge, Sangaria, District Hanumangarh (hereinafter referred to as 'the trial court') had sentenced the appellants for two months civil imprisonment and also ordered for attachment of the tractor purchased by the appellant No. 1 while procuring loan from the Bank. The brief facts of the case are that the respondent No. 1 has preferred a suit for specific performance of contract against the appellants in the trial Court. Along with the said suit, application for temporary injunction was also preferred and the trial Court after hearing the learned counsel for the parties granted temporary injunction on 5.10.2002 restraining the appellants from transferring the suit property to any other person.
(2.) THE respondent No. 1 has thereafter filed an application under Order 39 Rule 2 C.P.C. on 2.1.2003 before the trial Court while claiming that despite the restrained order passed by the trial Court on 5.10.2002, the appellants have mortgaged the suit property with the State Bank of India for obtaining loan for purchasing the tractor. Learned trial Court issued notices to the appellants on the application under Order 39 Rule 2 C.P.C. and in response to the notices, a joint reply was preferred on behalf of the appellants wherein it was claimed that the loan was obtained for purchasing the tractor as the same was required for better irrigation. It was also contended that the appellants are illiterate persons and they were not aware that for the purpose of obtaining loan from the bank, the agriculture land was required to be mortgaged with the bank. In the reply itself apology had been tendered by the appellants.
(3.) AFTER hearing learned counsel for the parties, the learned trial Court vide order dated 6.10.2003 allowed the application preferred by the respondent No. 1 under Order 39 Rule 2 C.P.C. and has sentenced each of the appellants for two months' simple imprisonment and also ordered for attachment of the tractor.;