Law: Civil Procedure Code (V of 1908)

Section: 144 , 151

Civil Procedure Code (V of 1908)-- ---- OY.XYIY,, R.2(3), Ss.144 & 151 --- Disobedience or breach of terms of temporary injunction --- Respondent/plaintiff being tenant of shops of appellants, filed suit for declaration, injunction and damages against appellants landlords for blocking doors of shops and obstructing public footpath facing shops let out to him --- Plaintiff also prayed in the said suit for removal of obstruction created by defendants/appellants and also permanent injunction restraining them from encroaching upon or blocking of shops-- Defendants/appellants also filed application praying that respondent/plaintiff be restrained from evicting them from space occupied by them at doors and windows of tenanted shops --- Respondent, on that application, made an undertaking that he would not take law into his hands and would not resort to throw away applicants through illegal means --- Later on Demolishing Officer of Municipal Corporation armed with police party broke shutters of shops" of applicants and kept applicants in illegal custody at police station till such time whole action of police was completed ---Applicants/appellants had alleged that said action against them was taken by Municipal Corporation on initiation of respondent and thus respondent had committed breach of undertaking earlier given by him which amounted to disobedience of Court's order ---Applicants were to show violation by respondent of his said undertaking ---Respondent though had been placed in advantageous position by the action of Municipal Corporation and space and fixtures available to applicants came into possession of respondent, but applicants had failed to prove that said action of Municipal Corporation was taken against applicants on account of illegal measures taken by respondent --- Action of Municipal Corporation though was not bona ride, and being unlawful was unsustainable, but allegation of applicants that respondent had used illegal means to throw applicants/appellants away from disputed space, could not be accepted --- High Court had-rightly dismissed application of applicants/appellants filed by them for detaining respondent in civil prison and to…