ORDER :

(Nupur Bhati, J.)

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-

(i) The impugned order dated 29.08.2019 (Ann.3) passed by learned Addl. District Judge No.1, Nohar District Hanumangarh as well as order dated 22.01.2015 (Ann.1) passed by learned Civil Judge Rawatsar District Hanumangarh may kindly be quashed and set aside.

(ii) The petitioner may kindly be ordered to be pardoned.

(iii) Any other appropriate writ, order or direction which the Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner.

2. Brief facts of the case are that in name of the father of the plaintiff and defendant, an agricultural land in Chak 1 JMW Square No.8 Stone No.134/379 measuring 0.911 hectares, Square No.16 Stone No.134/380 measuring 6.236 hectares and Square No.22 Stone No.134/381 measuring 1.265 hectares, was situated, on which, plaintiff, defendant and other family members were cultivating jointly and after the death of father of the plaintiff and the defendant, i.e. on 17.12.2005, the Petitioner-defendant contends to have the Will dated 28.01.1998 of said 7 killas in his favour. The Respondent-Plaintiff after getting the knowledge of the Will dated 28.01.1998, filed a suit before the learned trial court below on 26.04.2006 for cancellation of Will dated 28.01.1998 along with the application for temporary injunction to restrain the petitioner from selling, mortgaging or transferring the land in dispute till the final disposal of the suit.

3. The learned trial court under Order 39, Rule 1 and 2 CIVIL PROCEDURE CODE in Civil Misc. Application No.21/2006 passed an order dated 16.10.2007 that the parties till the decision of the suit, are restrained from mortgaging, selling and transferring the agricultural land in any manner and maintain the status quo of the site and the record.

4. The Respondent-Plaintiff submitted an application under Order 39, Rule 2A CIVIL PROCEDURE CODE before the learned Civil Judge, Rawatsar District Hanumangarh that the petitioner has flouted the stay order dated 16.10.2007 passed by the learned trial court and has mortgaged the land to Oriental bank of Commerce.

5. The learned trial court vide order dated 22.01.2015 allowed the application filed by the Respondent-plaintiff under Order 39, Rule 2A CIVIL PROCEDURE CODE and ordered three months civil jail to the petitioner for violation of the order dated 16.10.2007 passed by the trial court and for mortgaging the land in order to avail the loan from Oriental bank of Commerce (Branch Chohilawali, District Hanumangarh).

6. Thereafter, the petitioner against the order dated 22.01.2015 preferred an appeal before the learned Additional District Judge No.1, Nohar District Hanumangarh. The Learned Additional District Judge No.1 Nohar, District Hanumangarh vide order dated 29.08.2019 dismissed the appeal and affirmed the order dated 22.01.2015. Hence, this petition.

7. Learned counsel for the petitioner submits that the land i.e. Chak 1 JMW Stone No. 134/380 Killa No.19 to 25, was the self acquired land of father of the petitioner and the respondent i.e. Pema Ram, and he himself by his wish and volition, made a Will in favour of the petitioner on 28.01.1998. Learned counsel for the petitioner further submits that neither he had any knowledge of the stay order dated 16.10.2007 passed by learned Civil Judge, Rawatsar, District Hanumangarh and nor did the advocate of the petitioner gave any information about the same. Later on, when the petitioner got the information about the same