Y. BHASKAR RAO, C. J.

( 1 ) THIS contempt petition is filed alleging that the first respondent had wilfully disobeyed the order passed by this court in m. f. a. No. 2883 of 1997, dated 26-8-1997 directing him not to sell or alienate or in any way encumber the schedule property.

( 2 ) THE brief facts of the case are that complainant filed a suit o. s. No. 1223 of 1997 on the file of the. City civil court, Bangalore for recovery of an amount of Rs. 8. 42 lakhs. In the suit he sought for attachment before the judgment of the schedule property, on the ground that the first respondent is trying to sell the schedule property. The first respondent made an averment that he is not intending to sell the schedule property. The trial court rejected the application filed for attachment. Against the said order the complainant filed an appeal m. f. a. No. 2883 of 1997 in this court. This court after satisfying that there is a prima facie case on merits passed an order dated 26-8-1997 directing the first respondent herein not to sell or alienate or in any way encumber the schedule property. Later, the first respondent filed a memo in the appeal stating therein that he has no capacity either to pro

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