( 1 ) THE opposite party instituted Title Suit No. 140 of 1978 in the Court of the Munsif, First Court, Cuttack, seeking a decree for permanent injunction restraining the petitioners from entering upon the disputed property which was plot No. 743 in mouza Bisinabar in the town of Cuttack and from interfering with his possession. On a motion for temporary injunction, the trial court after hearing both the parties issued an order of temporary injunction on 18-1-1979. The petitioners have their plot on plot No. 745 which is adjacent to the disputed plot No. 743. The opposite party alleged that despite the order of temporary injunction, the petitioners entered upon the disputed property around 11 a. m. on 31-3-1981, broke the eastern wall of one of the rooms standing on plot No. 743. The opposite party thereupon filed an application under Order 39, Rule 2a of the Code of Civil Procedure for punishing the petitioners for disobedience of the order of temporary injunction. In course of the proceeding, a pleader Commissioner was deputed to submit a report. He opined that the eastern side wall of the room had been broken within a month previous to his visit on 23-4-1981. An opening had been