57. While explaining the scope of the given provision, the
Hon'ble Apex Court in case titled as U.C. Surendranath vs
Mamballys Bakery, AIR 2019 SUPREME COURT 3799 held as
under: -
57. While explaining the scope of the given provision, the
Hon'ble Apex Court in case titled as U.C. Surendranath vs
Mamballys Bakery, AIR 2019 SUPREME COURT 3799 held as
under: -
57. While explaining the scope of the given provision, the
Hon'ble Apex Court in case titled as U.C. Surendranath vs
Mamballys Bakery, AIR 2019 SUPREME COURT 3799 held as
under: -
12. Having heard the learned counsel for the respective
parties, it is not in dispute that the respondents filed a suit
seeking the relief of partition and interalia sought for the relief of
temporary injunction. It is also not in dispute that the Trial
Court passed an order on 09.01.2002 restraining defendant
Nos.1 to 3 from alienating the suit schedule properties till their
filing of objections to I.A.No.1. It is not in dispute that
objections to I.A.No.1 was filed on 02.08.2003 and before that
9
the property was sold on 10.10.2002 in favour of one Sri B.K.
Srinath by this appellant. Though the grounds are urged in the
appeal memo, the learned counsel for the appellant argued only
on humanitarian ground relying upon the judgments referred
supra. No doubt, the Apex Court in the judgment in the case of
Surendrananth (supra) held that there must be willful
disobedience of the orders passed by the Court.
In U.C. Surendranath v Mamballys Bakery, Civ Appl.
No.5775/2019 of the Hon'ble Supreme Court and the bench of Justices R.
Banumathi and AS Bopanna had observed thus: "For finding a person guilty
of willful disobedience of the order under XXXIX Rule 2A C.P.C. there has to
be not mere "disobedience" but it should be a "willful disobedience". The
allegation of willful disobedience being in the nature of criminal liability, the
same has to be proved to the satisfaction of the court that the disobedience
was not mere "disobedience" but a "willful disobedience" and that the
allegation of willful disobedience being in the nature of criminal liability the
same has to be proved to the satisfaction of the court that the disobedience
was not mere 'disobedience' but 'willful disobedience.