THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R.KANTHA RAO CONTEMPT CASE No : 1318 of 2009 DATED: 08-06-20010 ORDER: (per Hon’ble Sri B.Prakash Rao) This Contempt Case has been filed under Sections 10 to 12 of the Contempt of Courts Act complaining wilful disobedience on the part of the 1st respondent in implementing the interim order, dated 27-02-2006, passed by this Court in A.S.M.P.No.119 of 2006 in A.S.No.27 of 2006. 2. Briefly stated facts of the case are that pending the main Appeal Suit, this Court has granted interim injunction against alienation only in respect of the suit schedule property in question. 3. Now, the case of the petitioner in this case is that in spite of such injunction the 1st respondent has transferred item No.6 of the suit schedule property by way of gift settlement deed vide registered document No.7342/2006 and item No.9 by way of agreement of sale-cum-GPA vide registered 1513/2007. Hence, the present Contempt Case. 4. In the counter affidavit filed by the 1st respondent, it is stated that he is a senior citizen, aged 86 years. He also filed a certificate issued by a local doctor certifying that he is an Arthritis patient. Further, it is stated that the said transactions were made only out of love and affection but not with an intention to violate the order of this Court. 5. Having heard the learned counsel, we are prima facie of the view that the issue raised in this case is purely civil in nature and it can be decided while disposing of the main appeal itself. It is needless to mention that since the appeal is still pending the provisions under Section 52 of the Transfer of Property Act in view of the lis pendens squarely apply and therefore these transactions would not in any way deter or go against anybody’s right, title or interest. In view of the same and especially taking into consideration the age of the 1st respondent herein, we deem it not a fit case. We observe that these transactions are subject to ultimate decision in the main appeal. 6. In view of the above, the Contempt Case is closed. ____________________ B.PRAKASH RAO,J __________________ R.KANTHA RAO,J 08th June, 2010 Tsy