This order dismisses a contempt application because the opposite parties, by their affidavits, admitted non-possession of a disputed land plot, thus negating any violation of a status quo order.
Contempt application dismissed.
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 693 of 2010
Applicant :- Gangotri Opposite Party :- Jata Shankar And Another Counsel for Applicant :- L.C. Srivastava,L.C. Srivastava Counsel for Opposite Party :- Hari Shanker Mishra
Hon'ble Surya Prakash Kesarwani,J.
Service of notice upon the opposite party Nos.2/1, 2/2 and 2/3 is deemed sufficient. None appears on behalf of the opposite parties even in the revised call.
In the counter affidavit filed by the opposite party No.2 and another counter affidavit filed by opposite party No.1, both dated 05.04.2010, it has been stated that they are not in possession of disputed khasra plot No.105. In view of this statement of fact, the status quo order dated 12.05.2005 passed by writ court in Writ Petition No.4631 of 2002, cannot be said to have been violated by the opposite parties.
In view of the aforesaid, the contempt application is dismissed.
Order Date :- 2.12.2019 NLY
1 issue framed by the court
Whether the contempt application is maintainable given the opposite parties' claim of non-possession.
Gangotri
Surya Prakash Kesarwani
As recorded by the court registry
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