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2008 Supreme(Kar) 805

S.R.BANNURMATH, A.N.VENUGOPALA GOWDA
K. Jagdish Ponraj – Appellant
Versus
A. Muniraju – Respondent


Appearing Advocates: For the Complainants:M.G. Kumar for M/s. M.G. Kumar Law Firm, Advocate. For the Accused:A1, to 3, M.H. Sawkar, A4, H.T. Jaganatha, Advocate.

Judgment :-

A.N. Venugopala Gowda, J.

In this contempt petition filed under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 (for short, `the Act), the complainants have sought to initiate contempt proceedings against the accused and to punish them for disobedience of an order of temporary injunction made by the Subordinate Court.

2. Brief facts of the case necessary for the disposal of this petition are as follows.

The complainants are the plaintiffs in the suit for specific performance in O.S. No. 1504 of 2006 on the file of the II Additional Civil Judge (Senior Division), Bangalore Rural District, Bangalore, filed against defendants/accused 1 to 3 herein. In the suit which is still pending, the Trial Court by its order dated 27-6-2006, has ordered the issue of temporary injunction restraining the defendants from alienating the suit `C Schedule property till the next date of hearing. The Trial Court had directed to issue the order of temporary injunction to the defendants, on compliance of the stipulation under Order 39, Rule 3(a) of the Code of Civil Procedure, 1908 (for short, `Code). Complainants claim that, they have complied with the condition, namely, comp






































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