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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SHAILESH P.BRAHME
Vijaykumar, S/o. Basantilal Kucheriya – Appellant
Versus
Sushilkumar, S/o. Parasmal Kucheriya – Respondent
| Table of Content |
|---|
| 1. background on land dispute and prior rulings (Para 2 , 3 , 4) |
| 2. arguments regarding knowledge and intent in disobeying injunction (Para 5 , 6) |
| 3. court's assessment of conduct and evidence of disobedience (Para 7 , 8 , 9 , 10) |
| 4. discretion and intent in contempt actions under cpc (Para 11 , 15) |
| 5. determination of willfulness and final ruling (Para 12 , 13 , 14 , 16 , 17) |
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally with their consent.
2. Appellants are taking exception to the judgment and order dated 03.04.2025 passed in Civil M. A. No. 92 of 2022 awarding punishment of civil imprisonment for one month under Order 39 Rule 2-A of the Code of Civil Procedure. The self same order has been challenged by the respondent seeking enhancement of punishment by way of cross objection.
3. The parties are related inter-se. The subject matter is land Gut No.84. Appellants had filed Regular Civil Suit No. 250 of 2015 for injunction contending that there was partition in the family and they were allotted land Gut No.84. The respondent had obstructed the peaceful possession. The Trial Court dismissed the suit on 11.02.2020. Being aggrieved appellants preferred Regular
Willful disobedience in civil contempt requires proof of intentional and conscious disregard of a court order, not merely negligent acts.
Willful disobedience must be established for contempt under Order 39 Rule 2A; mere disobedience is insufficient.
The central legal point established in the judgment is the importance of upholding court orders and the rule of law, especially in cases of deliberate violation of injunction orders.
Order 39 Rule 2A CPC allows proceedings against non-parties/strangers who aid/abet injunction breach with knowledge; trial court determines facts like knowledge and disobedience; no bar to summoning ....
The execution of sale deeds after an interim injunction constitutes contempt, treated as non-est, emphasizing the authority of court orders over property disputes.
A civil injunction's violation cannot be prosecuted under S.188 IPC as it requires public order, not civil court orders.
Power to order civil imprisonment under Order XXXIX Rule 2A curtails an individual's fundamental right, albeit through a process of law.
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