Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3203 of 2021 Applicant :- Om Prakash Opposite Party :- Lina Tiwari And 4 Others Counsel for Applicant :- Ganesh Shanker Srivastava,Ram Dular
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant.
By means of this contempt application filed under Section 12 of Contempt of Courts Act, 1971, violation of the order dated 04.05.1989 passed in Second Appeal No.925 of 1989 is complained of.
According to the counsel for the applicant, it is the daughter-in- law of the applicant who is changing the nature of the land and, therefore, the conduct and act of the daughter-in-law who is the opposite party in the contempt application amounts to contempt of the order of this Court.
Having perused the order dated 04.01.1989, I find that the order is to the effect that "the respondents are restrained from changing the nature of the land in dispute". Virtually, it is an order amounting to the restraint order only in respect of the possible conduct and act of the respondents in the second appeal and, therefore, if the appellant is trying to change the nature of the land, the applicant before this Court and the respondent in the second appeal cannot take the plea that the appellant has violated the order of the Court passed in second appeal and hence contempt application.
It is always open for the applicant to seek such remedy as may be available by moving an appropriate application in the pending second appeal seeking restraint order against the appellant in the second appeal from changing the nature of the land in question.
I do not find any element of disobedience shown on the part of the Sub-Divisional Magistrate, Tehsil Mariahu, District Jaunpur in passing the order. liberty rests with the applicant to seek such remedy in second appeal as he may be advised.
This contempt application is consigned to records. Notices issued, if any, stand discharged.
Order Date :- 24.8.2021 Shahroz