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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA
Mahesh Prasad Sharma – Appellant
Versus
Ramshri @ Rajwati D/o Late Shri Ramratan – Respondent
JUDGMENT :
G. S. AHLUWALIA, J.
1. This application has been filed under Order 39 Rule 2A of CPC r.w. Section 12 of Contempt of Court Act complaining the willful disobedience and non-compliance of order dated 12.08.2021 passed in Second Appeal No. 307/2021.
2. It is submitted by counsel for applicant that second appeal was admitted by order dated 12.08.2021, and following interim order was passed:-
"Considering the facts and circumstances of the case as the appellant is still in possession of the property in question, the parties are directed to maintain status-quo till the next date of hearing."
It is submitted that thereafter on 22.09.2021, respondents Nos. 1 and 2 filed their vakalatanama in Second Appeal No. 307/2021. An application was also given by the applicant to Tahsildar, Tahsil Kailaras, District Morena, thereby informing about the interim order dated 12.08.2021 passed by this Court in S.A. No. 307/2021.
It is not out of place to mention here that respondents Nos. 1 to 3 are real sisters, being daughters of Late Shri Ramratan.
In spite of the order dated 12.08.2021, respondent No. 3 - Vinda Bhardwaj executed a sale deed dated 02.11.2021 in favour of respondent No. 5 - Shiv Kumar
The execution of sale deeds after an interim injunction constitutes contempt, treated as non-est, emphasizing the authority of court orders over property disputes.
Transfers of immovable property executed in violation of court orders are considered void and confer no rights to the transferee, preserving the integrity of judicial authority.
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
The central legal point established in the judgment is the importance of upholding court orders and the rule of law, especially in cases of deliberate violation of injunction orders.
Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Ac....
The legal point established is that the scope and effect of injunction orders must be interpreted strictly, and the party complaining of disobedience must establish that the order is unambiguous and ....
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
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