This contempt petition has been filed for alleged violation/willful disobedience of the interim order dated 12.9.1997 passed in Second Appeal No.281 of 1997, whereby this Court while admitting the appeal, had stayed the operation of judgement and decree dated 3.7.1997.
In pursuance to the notice issued in this contempt petition, counter affidavit of Ravindra Kumar, respondent no.1 has been filed.
The petitioner and the respondents are uncle and nephews. A partition suit in respect of the land in question is pending.
Allegation in the contempt petition is that after the order dated 12.9.1997, respondents have put up Kiosk on the land in question, whereas learned counsel for the respondents submits that Kiosk has been put on the road side where several other persons have also put up their Kiosks and, it was not on the disputed land.
This is a disputed question of fact, which cannot be gone into by this Court in contempt jurisdiction. Keeping in mind that the petitioner and the respondents are closely related and, the partition suit is pending, it will not be appropriate to pass any order in respect of this contempt petition, which is hereby dismissed.
However, if the respondents make any further encroachment on the land in question, it will be open to the petitioner to take appropriate action, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 28.8.2019 Rao/-