The applicant alleged violation of an injunction order by collection of building materials. The court held that without construction activity, no violation occurred and noted alternative proceedings available. Petition dismissed.
Contempt proceedings denied; petition dismissed.
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Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2977 of 2018
Applicant :- Phaujdar Opposite Party :- Dr. Vishal Singh, Manager And Another Counsel for Applicant :- Pankaj Baranwal
Hon'ble Yashwant Varma,J.
This petition alleges disobedience of an order dated 30 May 2011 which is an order of injunction passed by the Additional Civil Judge (JD) in a pending suit. The sole allegation on which this petition is pressed is contained in paragraph 9 in which it is alleged that the opposite parties have collected building material on the site. This possibly cannot constitute a violation of an order of injunction since no construction activity as per the own showing of the applicant has been undertaken. Additionally, the Court notes that in case the applicant is of the view that the order of injunction dated 30 May 2011 has been or is being violated he can always initiate proceedings referable to Order XXXIX Rule 2A .
In light of the aforesaid fact, the Court finds no ground to initiate proceedings in contempt.
The petition is dismissed .
Order Date :- 28.5.2018 Arun K. Singh
1 issue framed by the court
Whether collection of building material by opposite parties without construction activity constitutes violation of an order of injunction warranting contempt proceedings.
1 provisions across 1 enactments
Phaujdar
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
