An application under Order 39 Rule 2A and Section 151 CPC for alleged disobedience of an order to lop sesame trees was disposed of. The court declined to adjudicate on merits due to pendency of the second appeal and the presence of a party not in that appeal.
None; application disposed of without adjudication on merits.
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.
RSA No. 201 of 2006
06.05.2016 Present: Mr. Rajnish K. Lal, Advocate, for the appellants.
Mr. Ramakant Sharma, Advocate, for respondent No. 1.
Respondents No. 2 to 6 ex parte.
CMP No. 13298 of 2014:
The Regular Second Appeal in which the present application has been filed stands dismissed vide separate judgment of even date.
This application has been filed under Order 39 Rule 2A read with Setcion151 C.P.C., wherein the applicant/ appellant has alleged that the respondents have willfully disobeyed the orders passed by this Court on 01.11.2006 by loping the branches of three seasame trees on 12.08.2004. Incidentally, in this application one Ratni Devi wife of Shri Khazana Ram has been impleaded as a respondent, whereas Smt. Ratni Devi is not a party in the Regular Second Appeal.
Reply has been filed to the said application in which though the respondents have tendered unconditional apology for any act of their which may be construed as disobedience by this Court of its orders. On merit they have submitted that no order of this Hon’ble Court has been violated and the alleged complaint which has been filed against them is false and
…2…
has been filed with an intent to harass them.
In view of the findings which have been returned in the Regular Second Appeal, this Court does not deem it necessary to adjudicate the present application on merit and the same is disposed of accordingly.
May 06, 2016 (BSS)
(Ajay Mohan Goel), Judge
1 issue framed by the court
Whether the applicant/appellant can be granted interim relief for disobedience regarding cutting of sesame trees where the matter is sub-judice in a regular second appeal.
2 provisions across 2 enactments
Appellants/Appliants
Respondents Nos. 2 to 6 / Ratni Devi
Respondent No. 1
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
