(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Applicants have filed this contempt petition alleging that the respondents have forcibly entered the suit land and have demolished certain structures.
Appellants are the original plaintiffs. They had filed Regular Civil Suit No.40/2001 before the Senior Civil Judge, Banaskantha. Such suit was decreed in favour of the plaintiffs by judgement dated 7.9.2010. Learned Senior Civil Judge declared the plaintiffs to be the owners of the suit land by virtue of adverse possession and further restrained the respondents permanently from interfering with the plaintiffs receiving income of the said land or to obstruct them from enjoying the land in question.
Respondents however, approached the District Court by filing Regular Civil Appeal No.36/2010 and challenged the judgement of the learned Senior Civil Judge. Pending such appeal, they also prayed for interim protection. Their application for stay pending appeal came to be allowed by order dated 6.1.2011. Learned Principal District Judge, Banaskantha by speaking order directed that "the operation of the decree passed by the learned 4th Additional Senior Civil Court, Palanpur (learned Trial Court) in Regular Civil Suit No.40/2001 on 7.9.2010 is hereby stayed till disposal of the appeal".
It is not in dispute that against such order of the learned Principal District Judge so far no further proceedings have been carried by the plaintiffs present applicants. It is the case of the applicants that the respondents have forcibly entered the suit land and demolished their structures. We are not in a position to comment on such averments of the applicants. So far as present contempt petition is concerned, however, we are of the opinion that no contempt is made out. Judgement and decree which was in favour of the plaintiff stands stayed by interim protection granted by the District Court pending appeal filed by the defendants. Counsel for the applicant fairly stated that pending the civil suit, no interim injunction was granted in favour of the applicants.
Be that as it may, insofar as the alleged act of the respondents is concerned, it may be open for the applicants to take such legal measures as may be available under the law. However, no case for contempt is made out. This application is therefore, disposed of.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top