Application for contempt against opposite parties for alleged violation of an interim order maintaining status quo on disputed land was dismissed. Court observed that only a partial boundary wall was constructed and land remained vacant.
Contempt application dismissed as no case was made out to proceed against the opposite parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5630 of 2018
Applicant :- Ashok Kumar Opposite Party :- Mohd. Riyaz And Another Counsel for Applicant :- Sanjay Singh Sengar
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of an interim order dated 08.06.2017 in First Appeal No. 475 of 2017. The appeal was filed by the petitioner and is still pending. Interim order is as follows-:
"Until further orders of this Court, parties to the appeal are directed to maintain status-quo with respect to nature and possession over the land in dispute as it exists today."
The case of the petitioner is that the respondents to the appeal (opposite parties hererin) have flouted the interim order dated 08.06.2017 as they had raised constructions over the disputed land. In support of his submission, he has placed reliance on a report dated 08.06.2018 by revenue authorities. The report mentions that an application was filed by the petitioner for ensuring implementation of interim order of this Court dated 08.06.2017. The report mentions that Riyaz (opposite party No.1 herein) was constructing a boundary wall but the same was got stopped.
An affidavit has been filed by opposite party No.1 in which it is stated that no construction has been made over the disputed land. It is also stated that adjoining the disputed land, the petitioner has his hotel and house. He has opened windows towards disputed land and throws garbage over it.
Certain photographs have also been filed with the counter affidavit to show that the disputed land is still lying vacant although some bricks are lying over it and it also appears that effort was made to construct boundary wall but which, as stated in the report, was got stopped.
Since only some part of the boundary wall was constructed, but the disputed land is still vacant and no construction has been raised over it, therefore, this Court is of the opinion that the nature and character of the land has not been changed.
Counsel for the opposite parties has made a statement at the Bar that the opposite parties do not intend to raise any construction
over the disputed land or to change its nature and character.
No case is made out to proceed in contempt against the opposite parties.
The petition is consequently dismissed.
Order Date - 17.07.2019 Nirmal Sinha
2 issues framed by the court
Whether an application for contempt against opposite parties for alleged violation of an interim order regarding maintenance of status quo on disputed land is maintainable.
Whether the construction of a partial boundary wall by opposite parties amounts to a violation of the interim order.
Ashok Kumar
Manoj Kumar Gupta
Nirmal Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
