The court emphasized the importance of complying with statutory provisions, particularly in matters of attachment and sale of property under Order 39 Rule 2 (A) CPC.

JUDGMENT :

SURESHWAR THAKUR, J.

1. During, the pendency of the plaintiff’s suit, claiming therethrough, rendition of a decree, for, partition, of, the undivided suit property inter-se him, and, the defendants, (i) an application cast, under the provision of Order 39 Rule 1 and 2 stands instituted, before the learned Civil Judge (Jr. Div) Chachiot at Gohar, District Mandi, H.P., and, thereon, the ad-interim injunction order stands hence rendered.

2. Conspicuously, a relief of ad-interim injunction, was, claimed against the defendants, vis-a-vis, the suit property, and, affirmative order pronounced, upon, apposite CMA No. 43 of 2005, remained unchallenged, before the learned appellate authority concerned, hence, the afore order assumes both conclusivity and finality.

3. Be that as it may, during, the pendency of the afore Civil Suit, before the learned trial Judge, and, after the afore conclusive order becoming rendered, upon, C.M.A No. 43 of 2005, (a), and, wherethrough the contesting litigants were directed, to, maintain status quo qua nature and possession, of, the suit property, till, the final adjudication becoming meted, upon, the main case, (b) hence an application cast, under, the provisions of order 20 rule 18 readwith Section 151 CPC, was, preferred before the learned trial Judge, and, thereon after accepting, the, report of the Tehsildar, Chachiot, the latter whereof stood appointed, as, a local commissioner, to, make recommendations, vis-a-vis, the makings, of, dismemberments, of, the undivided suit property, through, metes and bounds, (c) and, obviously after rejecting the objections reared qua therewith, by all the concerned, hence, the learned trial Court rather allowed the application, and, also ordered, vis-a-vis, the report of local Commissioner, spot maps, and, naksha partition (B) and (J) alongwith statements, of, the parties, becoming part and parcel of the final decree. Consequently on 27.8.2016, the learned trial Judge also proceeded, to, subsequent, to, the rendition of the preliminary decree, of, partition, vis-a-vis, the undivided suit property amongst the contesting litigants, hence also in the afore manner, rendered a final decree of partition, vis-a-vis, the suit property. The order made, on, the afore remains unchallenged, and, hence acquires conclusivity.

4. Be that as it may, during, the pendency of the main Civil Suit, before the learned trial Court, and, after, the, rendition, of, a conclusive order, upon, an application cast under the provisions of order 39 rule 1 and 2 CPC readwith Section 151 CPC, and, wherethrough the parties, were directed, to, maintain status quo, visa- vis, nature and possession, of, the suit property, till, a, final adjudication being meted, on the main case, (a) rather an application cast, under, the provisions of Order 39 rule 2 (A) readwith Section 94 of the CPC, became preferred before the learned trial Judge, hence by the plaintiff, with clear averments therein, vis-a-vis, the defendant No.1/petitioner herein willfully disobeying, the, status quo order, in as much, as, his executing a mortgage deed, vis-a-vis, his share in the suit land, vis-avis, H.P state Cooperative Bank, on 26.9.2005, hence before the Sub Registrar Chachiot, and, hence since execution of, a, mortgage deed, vis-a-vis, the suit property, visibly occurring, subsequent to the pronouncement, of, a conclusive order of status quo, and, with the mortgage remaining evidently unredeemed, hence appropriate action, in, accordance, with, law, was espoused to be initiated, against, the errant defendant.

5. Upon the afore application, the learned trial Judge recorded an affirmative findings, vis-a-vis, the applicant, holding no no tenable valid espousal, for, the motion being misrecoursed, and, upon the afore order becoming appealed before the learned first appellate Court, it, became modified, in as much, as, out of the attached property, as, made vide Ex. AW-1/J, only land measuring 00-00-05 bigha, being ordered t