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2018 Supreme(Kar) 81

SREENIVAS HARISH KUMAR
Jayamma – Appellant
Versus
Gangaswamy – Respondent


Advocates Appeared:
For the Appellants :Sri. B.S. Nagaraj, Advocate
For the Respondents:Sri. M.N. Madhusudhan, Advocate,

ORDER :

1. On 6.11.2012, an order was passed directing the parties to maintain status quo. Complaining willful disobedience of this order by the appellants, the respondents have made an application, I.A.I/15 under Order 39 Rule 2A CPC to punish the appellants.

2. The application is supported by an affidavit of 1st respondent. He states that the order of status quo binds both the parties to the appeal, that the appellants willfully disobeyed the interim order obtained by them by entering into a partition on 27.07.2013 through a registered instrument and that the appellant No.3 executed a registered sale deed in favour of K.N. Vanajakshi on 02.12.2013. He also states both these transactions were made deliberately after this court granted an interim order on 06.11.2012. He has produced certified copies of these two transactions.

3. The appellants have filed statement of objections contending that the interim order did not prohibit alienation and therefore they have not violated the interim order.

4. Since, an enquiry on this application was required, the Registrar (Judicial) was directed to record evidence of the witnesses. Accordingly he examined two witnesses, PW-1 i.e., the respondent









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