JUDGMENT - R.M.S. KHANDEPARKAR, J.:---This revision arises from the Order dated 29th December, 1998 passed the Addl. District Judge, Margao in Misc. Civil Appeal No. 31/98 whereby by the lower Appellate Court has dismissed the said appeal filed by the petitioners herein. The said appeal was against the order dated 29th April, 1998 passed by the Civil Judge, Junior Division, Margao in Civil Misc. Appln. No. 247/97/E and Civil Misc. Appln. No. 362/97/E in Regular Civil Suit No. 49/1973/E, whereby the trial Court in exercise of the powers under Order 39, Rule 2-A of C.P.C. had directed the petitioners to re-erect the suit shops and to restore them in the condition in which the same were existing prior to the demolition on 22nd July, 1997 within thirty days of the order, failing which the petitioner No. 2 has been ordered to be detained in prison for a period of one month.

2.The case of the plaintiffs/respondents is that the trial Court had granted temporary injunction by the order dated 6-3-1973 on the basis of the undertaking given by the petitioners not to remove or interfere with the suit shops till the disposal of the said suit; however, on 22-7-97 the petitioners all of a sudden a

Click Here to Read the rest of this document