2012 Supreme(Raj) 2311
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ms.Nirmaljit Kaur, J.
Smt. Yogeshwari Kumari - Appellant
Versus
Sh. Arvind Singh Mewar & Ors. - Respondent
S.B. Civil Misc. Application No. 47/2012.
Decided On : 12-12-2012
For the Respondent No. 1:Mr. M.S. Singhvi, Senior Advocate assisted by Mr. Arun Bhansali and Mr. Aslam Naushad, Ramit Mehta, Advocates.
For the Respondent No. 2:Dr.Pushpendra Singh Bhati, Advocate assisted by Mr. Sajjan Singh, Advocate.
Headnote:Civil Procedure Code, 1908 – S. 151, Order 1, Rule 10, Order 39, Rules 1, 2, 2 – A – Two companies were defendants. The order was passed to delete the name of the deefendants from the list of defendants. No order was passed regarding the properties belonging to the defendant companies. Property in question were allegedly transferred in violation of the injunction by ‘A’ in personal capacity. A has not committed any contempt of court while transferring the said property in his capacity as the chairman of the company. Therefore, application against the defendant under Rule 2A Order 39 has been dismissed. During the pendency of the suit parties are bound to obey the injuction and no further clarification is required.
"(a) Clarify that the true and correct purport of the order dated 11.06.1993 passed by this Hon'ble Court in S.B.Civil Misc. Appeal No. 84 of 1986 is that the appellant, in any capacity whatsoever, in which he is in possession/management/control of the suit properties cannot, either by himself or through his agents, servants or officers, either directly or indirectly, dispose of or cause to dispose of and/or alienate or otherwise deal with the suit properties till the decision of the suit;
(b) Further clarify that the appellate court cannot create or indirectly cause creation of any third party interest in the suit properties (in his
possession/management/control) and that he is duty bound to prevent the disposing of and/or alienation of or otherwise dealing with the suit properties by his agents, servants or officers; and
(c) Pass ad-interim ex-parte order directing the appellant, his agents, servants and officers not to alienate and/or to prevent from alienation the said properties, being Jag Mandir, Fateh Prakash Palace, Garden Hotel and Shiv Niwas Palace, to IHC-Taj Group during the pendency of this application."
(for short "LPHM") on 02.03.1963 as family concerns/companies under the provisions of the Companies Act, 1956. The registered offices of LSPH & LPHM are situated at City Palace, Udaipur, Rajasthan. LSPH is the holding company of LPHM. LSPH owns and/or holds 49.5% shares of LPHM. The main assets of LSPH are the assets of LPHM, which primarily owns heritage properties of historical importance. On 22.04.1983, partition suit along with application for Temporary Injunction was filed by the plaintiff-Shri Mahendra Singh before the court of District Judge, Udaipur against following defendants:
1. Maharana Bhagwat Singh (father)
2. Smt. Sushila Kumari (mother)
3. Rajmata Virad Kunwar (grand mother)
4. Shri Arvind Singh Mewar (brother)(personal capacity)