Lack of Willful Disobedience Leads to Quashing of Civil Imprisonment for Appellants in Land Dispute
Aurangabad, December 24, 2025 - In a significant ruling, the Aurangabad Bench of the Bombay High Court, presided over by Justice Shailesh P. Brahme, has set aside the civil imprisonment of appellants in a case involving the breach of an injunction order under Order 39, Rule 2A of the Civil Procedure Code, 1908. The appeal, filed by Vijaykumar and others against a lower court's decision, was heard alongside a cross objection by the respondent, Sushilkumar and others, seeking enhancement of the penalty.
The case revolved around a disputed piece of land, Gut No.84, which was the subject of an ongoing legal tussle between the parties, who are related inter-se. The appellants, having previously filed a civil suit for injunction that was dismissed, were contesting the injunction order passed on July 14, 2022, which restrained them from creating any third-party interest in the suit land. The respondent alleged that the appellants breached this order by executing multiple sale deeds in July 2022, leading to a penalty of one-month civil imprisonment by the lower appellate court.
Justice Brahme, in his judgment, noted the absence of willful disobedience on the part of the appellants, emphasizing that willful disobedience requires a conscious, intentional, and calculated action with an evil motive. The court found that the appellants had not acted with a bad purpose or justifiable excuse and had tendered an apology, demonstrating no intention to prejudice the respondent or disregard the court's authority.
The judgment also highlighted that the appellants' actions did not cause any prejudice to the respondent, as the latter did not claim title over the disputed land. The court underscored that the drastic measure of civil imprisonment was unwarranted given the circumstances and that the acts of the appellants were pardonable.
In dismissing the respondent's cross objection for enhancement of the penalty, the court concluded that no compelling circumstances or calculated action with an evil motive were established against the appellants. The court's order quashed the previous judgment dated April 3, 2025, and dismissed the civil application associated with the appeal.
Bottom Line:
Breach of injunction order under Order 39, Rule 2A CPC - Civil imprisonment set aside due to lack of willful disobedience and absence of intention to prejudice the respondent or disregard the majesty of the Court.
Statutory provision(s): Civil Procedure Code, 1908 - Order 39, Rule 2A
Vijaykumar v. Sushilkumar, (Bombay)(Aurangabad Bench) : Law Finder Doc Id # 2828462
