Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3242 of 2018 Applicant :- Dukhharan Prasad And Another Opposite Party :- Surendra Pratap Tiwari And 2 Others Counsel for Applicant :- Shrawan Kumar Tripathi Counsel for Opposite Party :- Pankaj Kumar Shukla,Manish Kumar Nigam
Hon'ble Manoj Kumar Gupta,J.
Opposite party no.1 is personally present in compliance of order of this Court and has filed his personal affidavit, which is taken on record.
By order dated 13.12.2010 in Writ-C No.20230 of 2009 filed by the opposite parties, a direction was issued to the trial court to decide original suit no.161 of 2006 within two years and the parties were directed to maintain status quo till decision of the suit.
The instant contempt application has been filed with the allegation that boundary wall existing on the land separating the property of the applicants with that of opposite parties, has been demolished in violation of order of status quo.
The opposite party no.1 has denied having demolished the boundary wall. According to him, boundary wall had fallen of its own as there are two Gular trees standing just abutting the boundary wall and with passage of time and growth of trees, boundary wall caved in.
Although there are allegations and counter allegations as regards person responsible for pulling down the boundary wall, but ultimately the parties arrived at a consensus that in case the applicants are permitted to reconstruct the boundary wall, they would have no grievance.
Sri Manish Kumar Nigam, learned counsel appearing on behalf of opposite party no.1 on instruction from opposite party no.1, who is present in person, states that no interference will be caused in case the applicants reconstruct the portion of boundary wall which had fallen.
His statement is recorded and accepted.
The contempt application is disposed of accordingly.
In case interference is caused in restoration of boundary wall to its original shape, it shall be open to the applicants to approach this Court by way of fresh petition.
(Manoj Kumar Gupta, J.) Order Date :- 23.8.2018 skv