Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 141 of 2014 Applicant :- Sheesh Pal Singh Opposite Party :- Har Pal Singh And Another Counsel for Applicant :- Ashish Kumar,V.K. Kushwaha Counsel for Opposite Party :- S.C.,K.M. Garg
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Vinod Kumar Kushwaha, learned counsel for the applicant and Shri K.M. Garg, learned counsel for the opposite parties.
This Contempt Application has been filed alleging wilful disobedience of the order dated 16.2.2009 passed by this Court in Second Appeal No.115 of 2009 (Har Pal Singh and another vs. Kharak Singh and ors) wherein the Court directed as under:-
"In view of the aforesaid circumstances until further orders of this Court the wall in question existing on the spot belonging to the plaintiff-appellant shall not be demolished during the pendency of this appeal but he shall not create any hindrance on the land used as pathway by the defendants."
Learned counsel for the applicants precisely submits that the opposite parties have flouted the aforesaid order dated 16.2.2009 and created hindrance on the land used as pathway by the applicants on 5.9.2013. The relevant photograph is also appended alongwith the application.
After the notice a detailed counter affidavit has also been filed by Shri K.N. Garg, Advocate on behalf of opposite parties appending certain photographs wherein it has been stated that at no point of time the aforesaid interim order has ever been flouted by the opposite parties. In case the applicant has any grievance for disobedience of the injunction so accorded by the appellate Court then in such situation the remedy is available in the form of Order XXXIX Rule 2A of CPC and he may approach the remedial forum.
Once claim and counter-claim have been set up by the parties and the aforesaid Second Appeal is pending consideration then the Court is not inclined to proceed any further in the matter. However, it is always open to the applicant to move an appropriate application before the concerned Court for pressing his application under Order XXXIX Rule 2A of CPC.
The contempt application is therefore dismissed.
Order Date :- 29.4.2019 RKP