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Madhya Pradesh High Court · body

1994 DIGILAW 602 (MP)

Shanta Bai v. Ganesh

1994-08-18

A.R.TIWARI

body1994
JUDGMENT This petition is directed against the order passed by Civil Judge, Class-II, Dewas in MJ C No. 5/90 dated 28.11.92 (Annexure A) and appellate order passed by IV Additional Judge to the Court of District Judge, Dewas in Misc. Appeal No. 17/92 on 8th July, 1993 (Annex-B) whereby the petitioner has been held guilty of disobedience of the order and breach of injunction in terms of order 39 rule 2A of the Code of Civil Procedure and is directed to be detained in Civil Prison for a period of one month. I have heard both the sides. It is admitted before me that original suit has been decided in favour of the respondent No.1 and the appeal preferred against the same has also been dismissed. It is also admitted before me that the occasion for disobedience has come to an end permanently. . Order 39 rule 2A of the Code of Civil Procedure provides only for detention in Civil Prison for a term not exceeding three months. It is submitted that rigour of punishment deserve to be softened on the following factor3: (a) The controversy has now been decided by the decree passed by the trial Court and maintained by the appellate Court. (b) The occasion for disobedience is now non-existent. (c) The petitioner is a woman of about 60 years of age and it would be unjust to send her to Civil Prison at this distance of time. The counsel for the parties demonstrated fairness and agreed that the direction of detention in Civil Prison may be replaced by the direction of Award of Compensation. , I have bestowed my anxious consideration to the contention raised before me. Undoubtedly, everyone, high or low, irrespective of gender is required to obey the orders of the Court and maintain the majesty of the administration of the justice. No one can be permitted to disobey the orders at will. However, the message can very well be conveyed even by award of appropriate compensation. . On agreement of the parties, aforesaid orders (Annexure A and B) are modified as under: (a) The conclusion about disobedience and breach of injunction is upheld but the penalty of Civil Prison is set aside and instead the petitioner is ordered to deposit the sum of Rs. 4,000/- in the trial Court by 12.9.1994 as compensation payable to respondent No. 1. 4,000/- in the trial Court by 12.9.1994 as compensation payable to respondent No. 1. In default of deposit, the petitioner shall be detained in 'Civil Prison' for a term of two months in accordance with law. (b) On deposit, the entire sum of Rs. 4,000/- shall be paid to respondent No.1 as he is the victim of violation of order and as such 'an injured party'. The orders (Annexures A and B) are thus modified in terms indicated above. The petition is thus, allowed in part, as regards imprisonment and compensation, with no order as to costs.