Court rejected contempt application in property dispute where title claim remains undecided. Held no ground for contempt as applicant failed to prove cultivation at interim order date; matter open for trail court.
Contempt application consigned to record; applicant advised to seek expeditious disposal from trail court.
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Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3515 of 2018
Applicant :- Diwakar Opposite Party :- Mayank Upadhyay And 6 Other Counsel for Applicant :- Ashok Kumar Upadhyay,Amal Darsingh
Hon'ble Manoj Kumar Gupta,J.'
A supplementary affidavit has been filed in compliance of previous orders of this Court.
By interim order dated 21.1.2016 in Matters Under Article 227 No.319 of 2016, this Court directed the parties to the suit to maintain status quo and not alienate or change the nature of the suit property till the next date of listing.
It is alleged that the respondents have stopped the applicant from cultivating the agricultural land in the month of July, 2017.
It was the specific case of the respondents in the civil suit filed by them that the agricultural land is exclusively recorded in their name and it does not belong to the applicant. The suit is still pending and in which, the claim of title of the applicant in respect of the agricultural land is still to be gone into. There is no evidence on record to show that on the date of passing of the interim order of status quo, the applicant was cultivating the land.
Having regard to these facts, this Court finds no good ground to proceed in contempt against the opposite parties, but leaves it open to the applicant to request the trail court for expeditious disposal of the suit.
The contempt application stands consigned to record subject to the above observations.
(Manoj Kumar Gupta, J)
Order Date :- 30.10.2019 SL
2 issues framed by the court
Whether to proceed in contempt against opposite parties for alleged obstruction in cultivating agricultural land.
Whether interim order regarding maintenance of status quo was violated.
1 provisions across 1 enactments
Diwakar
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
