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Judgment
Leave granted.
Heard learned counsel appearing for the parties.
This appeal is directed against order dated 14.02.2013 passed by the High Court of Judicature at Bombay, Nagpur Bench whereby the High Court allowed the Writ Petition filed by the petitioners (respondents-herein) and set aside the order passed by the trial Court under Order 39, Rule 2A of the Code of Civil Procedure, 1908.
It appears that the trial Court in terms of Order 39, Rule 2A of the Code of Civil Procedure sent the petitioners-therein to simple imprisonment for a period of one month for violating the order so passed by the Court. It is not in dispute that the order was duly informed to the petitioners (respondents-herein). However, no proper explanation has been given by the learned counsel nor it would appear from the counter statement filed by them before us that why they have not complied with the order but in fact they have flouted the order and wilfully disobeyed the order.
In our opinion, the High Court, without following the rule which has been made out under Order 39, Rule 2A of the Code of Civil Procedure and without giving any reasons set aside the order passed by the trial Court.
Therefore, we find that the order passed by the High Court cannot be accepted or held sustainable in the eyes of law and the same is set aside.
Accordingly, the appeal is allowed while affirming the order passed by the trial Court.