D. P. MOHAPATRA, J.

( 1 ) THE order dt. 31-3-82 of the Additional Subordinate Judge, Puri in Misc. Case No. 85/7 of 1981 rejecting the case on the ground that it has become infructuous is under challenge in this appeal. The Misc. Case was registered on the application under O. 39, R. 2a of the Civil P. C. filed by the appellant complaining of deliberate disobedience of the order of injunction passed by the appellate court by the respondents. In the appeal, an ex parte order of injunction was passed on 15-5-81 restraining the respondents from making any construction within a space of 50 feet in front of the house of the appellant in Puri town. The said order was made absolute on 18-7-81 after hearing both the parties. The petition under O. 39, R. 2a was filed on 11-8-81. By the impugned order the learned appellate court took the view that the Misc. case had become infructuous since the Title Appeal during the pendency of which the order of injunction was passed had in the meanwhile been disposed of.

( 2 ) THE impugned order on the face of it is unsustainable. The position is well settled that an application under O. 39, R. 2a for taking action for disobedience of injunction order d