ORDER

1. Heard the parties.

2. This appeal has been filed challenging order dated 4-12-1998 passed by the High Court of Kamataka in Contempt Case No. 2178 of 1997 whereby the appellant has been found guilty under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act") and awarded three months imprisonment in civil prison.

3. The violation alleged is of interim order dated 18-1-1995 passed by the High Court of Kamataka in CRP No. 184 of 1995 whereby it was ordered that "both the parties be and hereby directed to maintain status quo regarding possession of truck in question". It has been alleged that after passing of the aforesaid order, the appellant sold the truck and thereby violated the same. Neither is there any allegation nor any evidence to show that there was any interference by the appellant in relation to possession of the truck in question. The only allegation and evidence is that the appellant sold away the truck in question after passing of the status quo order. There was no order to the effect that during the subsistence of status quo order, the appellant could not have transferred the truck in favour of anybody. In the absence of any accusation or evidence that possession of the vehicle in question was disturbed by transfer of the truck, we are of the view that no case of contempt is made out and, accordingly, the High Court was not justified in convicting the appellant under Section 12 of the Act.

4. For the foregoing reasons, appeal is allowed, the impugned order is set aside and the contempt proceeding initiated by the High Court against the appellant is dropped. There shall be no order as to costs.