Kanhaiya Das Vs Bimal Vishvas

1 - Bimal Vishvas S/o Late Satyacharan Vishvas Aged About 53 Years Occupation Cultivator, R/o Village Madanpur, P.S. Jainagar Tahsil And District Surajpur Chhattisgarh

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2 - Sandhya Rani Vishvas W/o Bimal Vishvas Aged About 48 Years Occupation House Wife, R/o Village Madanpur, P.S. Jainagar Tahsil And District Surajpur Chhattisgarh

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3 - Vijay Vishvas S/o Bimal Vishvas Aged About 34 Years Occupation Cultivator, R/o Village Madanpur, P.S. Jainagar Tahsil And District Surajpur Chhattisgarh

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4 - Sharda Vishvas W/o Shri Vijay Vishvas Aged About 34 Years Occupation House Wife, R/o Village Madanpur, P.S. Jainagar Tahsil And District Surajpur Chhattisgarh

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... Respondent

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For Petitioner : Ms. Prakriti Deo, Advocate For Respondents : None

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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22/01/2025

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Heard learned counsel for the party and perused the record with utmost circumspection.

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This contempt petition has been filed under Article 215 of the Constitution of India read with Section 10 & 12 of the Contempt of Court Act, 1971.

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2

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Vide order dated 19 .02.2024 , this Court has passed the following order/direction:-

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“ Counsel for respondents no. 1 and 2 seeks time to file reply to I.A. No. 01/2023, which is an application under Order 39, Rule 1 and 2 read with Section 151 of the CPC for temporary injunction.

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Time is granted, as prayed for.

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Meanwhile, purely as an interim measure, status-quo, as it exists today, shall be maintained by respondents No. 1 & 2, till the next date of hearing. ”

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3.

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4.

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When the case is taken up for hearing, learned counsel for the petitioner contended that the order of this court vide order dated 19.02.2024 passed in First Appeal no. 129 of 2023 has not been complied with.

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Order 39 Rule 2A of the Code of Civil Procedure, 1908 provides as under:-

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(1) in the case of disobedience of any injunction granted or other order made under Rule 1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order made, the court granting the injunction or making the order, or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.

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(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.

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There is a specific provision provided under Order 39 Rule 2A of the CPC, 1908 for non-compliance of the order or continuation of breach of any injunction granted or other order made under Rule 1 or Rule 2, therefore, this court is of the considered opinion that the present contempt petition is not maintainable at this juncture. Hence, the present petition deserves to be and is hereby dismissed.

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3

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Petitioner is at liberty to take recourse of the remedy before same proceeding in Appeal no. 129 of 2023.

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Accordingly, the present contempt petition is closed and is disposed of. Let the certified copy of the impugned order be returned to the petitioner after retaining the photocopy of the same and also the pen drive be returned. 7. No order as to cost(s).

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sd/(Arvind Kumar Verma) Judge

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alfiza

Kanhaiya Das v. Bimal Vishvas

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Kanhaiya Das v. Bimal Vishvas

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