Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4572 of 2019 Applicant :- Jeet Narayan Opposite Party :- Arvind Malappa, Bangari, Collector And 3 Others Counsel for Applicant :- Arvind Srivastava,Ram Milan Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Arvind Srivastava, learned counsel for the applicant.
Present contempt application has been filed alleging wilful disobedience of the interim injunction dated 10.4.2007 passed by learned Civil Judge (Junior Division), Shahganj, District Jaunpur in Original Suit No.1085 of 2006 (Jeet Narayan and another vs. State of UP and others).
Learned counsel for the applicant precisely submits that the applicant/plaintiff filed the aforesaid original suit for permanent injunction restraining the defendants-opposite parties not to interfere in his peaceful possession over the land in question in which an ex-parte temporary injunction was passed on 10.4.2007. In the aforesaid suit, the Amin Commissioner was appointed for making spot inspection and he had submitted his report on 10.2.2017. The copy of the temporary injunction and report of Amin Commissioner were served upon the defendants in the month of July, 2016. The aforesaid suit is still pending in the Court of Civil Judge (JD) Shahganj, Jaunpur and the temporary injunction dated 10.4.2007 is operating till today but the opposite parties are flouting the temporary injunction.
Learned counsel for the applicant further makes submission that on account of breach of the temporary injunction, the applicant filed an application under Order 39 Rule 2A of C.P.C. before the Court below on 15.7.2016 and the same was registered as Misc. Case No.60 of 2016. In the said case, the Amin Commissioner submitted his report on 23.7.2016 in favour of the applicant. Again the opposite parties started to encroach over north portion of the disputed land on 29.3.2019. The applicant moved another application on 27.5.2019 under Order 39 Rule 2A of CPC for breach of temporary injunction and the same was registered as Misc. Case No.32 of 2019. In the said Misc. Case again the Amin Commissioner submitted his report on 15.7.2019. Under the pressure of higher authorities including the opposite party no.1, nothing was done for complying the injunction order. The applicant has filed the third application on 10.7.2019 under Order 39 Rule 2A of CPC against the Station House Officer and Sub Inspector of the concerned Police Station and the same was registered as Misc. Case No.Nil of 2019. In the aforesaid proceedings under Order 39 Rule 2A of CPC, no effective order has been passed passed. The opposite parties are wilfully and deliberately flouting the interim injunction continuously and as such, this Court should come for rescue and reprieve the applicant.
Admittedly, in the present matter the opposite parties have flouted the interim injunction in question. The applicant has already moved applications under Order 39 Rule 2A of CPC, registered as Misc. Case Nos.60 of 2016; 32 of 2019 and Misc. Case No. Nil of 2019 and these cases are pending consideration. Taking into account the seriousness of the issue the applicant is given liberty to move an appropriate application before the Court below for early hearing of the aforesaid cases and get the same decided expeditiously without granting any unnecessary adjournments to either of the parties.
With the aforesaid observations, the contempt application is disposed of.
Order Date :- 25.7.2019 RKP