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Sri Ananda Reddy vs Smt Radhamma on 29 November, 2024

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.
Karnataka High Court Cites 8 - Cited by 0 - H P Sandesh - Full Document

Virendra Bhardwaj vs Santosh Sharma on 14 January, 2025

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.
Delhi District Court Cites 3 - Cited by 0 - Full Document
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