Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2616 of 2019 Applicant :- Narayan Jee And 2 Other Opposite Party :- Neeraj Singh And 4 Others Counsel for Applicant :- Akhilesh Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
Present contempt application has been filed alleging wilful disobedience of the interim injunction dated 20.2.1975 passed by learned Civil Judge (Junior Division), East, District Ballia in Original Suit No.229 of 1973 (Shivpujan vs. Prabhunath and another).
Learned counsel for the applicants precisely submits that the predecessor-in-interest of the applicants filed the aforesaid Original Suit in the year 1973 for mandatory prohibitory injunction against the predecessor-in-interest of the opposite parties and the trial court vide its order dated 20.2.1975 allowed the application under Order 39 Rule 1 and 2 of CPC and passed an interim order directing the parties to maintain status quo on the land in dispute. The aforesaid suit is pending consideration. The opposite parties have flouted the injunction order and raised the illegal construction over the suit property.
This Court is of the opinion that in case the injunction order accorded by the Court below is being flouted, then the applicants have got efficacious alternative remedy to file an application under Order XXXIX Rule 2A of C.P.C before the Court below. No interference is required in the matter.
The contempt application is, therefore, dismissed.
Order Date :- 30.4.2019 RKP