said order, as what is under
challenge is not the order dated 27.5.1996, but the order dated
15.12.2004 under Order 39 Rule 2A ... Rule 2 of Order 39 CPC and none of
the ingredients required for an application under either Rule 1 or
Rule 2 of Order 39
under Order 39, Rule 2(3) of the Civil P.C. (which is somewhat similar to the amended provision of Order 39, Rule 2A) have ... enforcement of or to execute the order.
8. It may be that Order 39, Rule 2A is in the nature of an execution proceeding
applicant herein original plaintiff for an appropriate order
under the provisions of Order 39 Rule 2A of the CPC for the willful
and deliberate disobedience ... which they are liable for appropriate order/action for
breach of injunction under Order 39 Rule 2A of the CPC . At this
stage
under Order 39 Rule 2(3) of the Civil Procedure Code (which is somewhat similar to the amended provision of Order 39 Rule 2A) have ... enforcement of or to execute the order.
8. It may be that Order 39, Rule 2A is in the nature of an execution proceeding
order under Order 39, Rules 1 and 2 is to apply to the Court concerned for orders under Rule 2A of Order 39 and that ... High Court, an application under Order 39 Rule 2A for violation of an order passed under Order 39 Rules 1 and 2 of the Code
whereby the learned Single
Judge has decided an application under Order 39 Rule 2A read with Section 151
CPC preferred by the respondents ... instead of deciding an application under Order 7 Rule 11 CPC , decided the
application under Order 39 Rule 2A CPC , which is inappropriate is concerned
disobedience or breach of an injunction order passed by the civil court was under Order 39 Rule 2A of the CPC . In the judgment ... contemplated by the very court which issued the injunction order, under Rule 2A of Order 39 CPC . The court also held that the general provisions
contemplated by
the very court which issues the injunction order under Rule
2A of Order 39 of the Code of Civil Procedure . It contemplates ... contemplated by the very Court which issues the order of
injunction under Order 39 Rule 2A of the Code of Civil
Procedure
civil court. In dealing with that application order enforcing injunction could be made under Order 39 Rule 2A CPC . The civil court could have appropriately ... impugn the order dt. 4.3.1998 in the civil court. The domain of the civil court under Order 39 Rule 2A CPC is well recognised. Under
provisions of
Order 23 Rule 1(4) of the C.P.C does not apply to the
proceedings under Order 39 Rule 2A keeping ... order passed by
the Trial Court is a reasoned order and has been passed in
exercise of its discretion under Order 39 Rule 2A
