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Judgment
Govinda Menon, J.—The appellant was restrained by an injunction not to deal with the proceeds of the harvesting of certain crops which he
had harvested but before he received the order the Firka Supply Officer had already directed him to deliver the paddy to a mill at Kothapeta
which he could not disobey. Therefore according to him even though there was an injunction order preventing him from dealing with the paddy, he
delivered the same three days later to the mill and received the price of Rs. 570. The lower court was inclined to hold that he had no justification to
do so and directed him to deposit into court the sum of Rs. 570 and on his failure he would be arrested and committed to civil prison for detention
for a period of one month. The appellant after depositing the money has preferred the appeal objecting to the order of the lower court directing the
deposit of Rs. 570.
We do not see any reason why the order of the lower court should not be upheld. An order of injunction issued by a civil court directing a party
to refrain from doing a thing must certainly have precedence over any executive order passed by a Firka Supply Officer or even for the matter of
that the executive head of the district. The appellant should not have delivered the paddy to the mill and received the proceeds after the injunction
order was served on him. His action was certainly in contempt of court and the learned Judge, took a lenient view in directing him to deposit the
money, and to commit him to prison only in default of doing so. Hereafter it is open to him to contend that the order of injunction should not have
been issued and that he is entitled to the proceeds. The fact that an injunction has been issued would not prevent him from sustaining his claim
regarding the paddy. But his having delivered the same to the mill in contravention of the order of court is certainly contempt.
The appeal therefore fails and is dismissed with costs.