This order disposed of a civil matter where the petitioner alleged violation of stay orders regarding property preservation. The respondent denied making structural changes or repairs. The court found the petitioner failed to rebut respondent's reply.
Petition stands dismissed; notice served on respondent stands discharged.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No. 1251 of 2001
Date of Decision: July 25, 2011
Sanjay Jain
….Petitioner
Versus
Suraj Bhan
… Respondent
CORAM: HON’BLE MR. JUSTICE ALOK SINGH
Present: Mr. Manoj Bajaj, Advocate, for the petitioner.
Mr. Davinder Kumar, Advocate, for Mr. D.S. Bishnoi, Advocate, for the respondent.
Alok Singh, J.
I have gone through the record.
The brief facts of the present case are that the petitioner had filed a Criminal Misc. Petition bearing No. 36269-M of 2000 before this Court for issuance of a direction to preserve the property in its original state of initial attachment and not to interfere in any manner with it
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in future. This Court vide order dated 10.10.2000 directed the respondent that he shall not make changes in the property in question till further orders. Learned counsel for the petitioner has stated that despite order of this Court, the respondents stated carrying out major demolition and reconstruction work of the old and abandoned property. Thereafter, petitioner had filed Contempt Petition bearing COCP No. 825 of 2001 against the respondent. Vide order dated 04.07.2001, this Court dismissed the contempt petition on the ground that change as mentioned in the order dated 10.10.2000 means structural change. Petitioner again filed a Misc. application bearing No. 25388 of 2001 in Crl. Misc. No. 36269-M of 2000 and this Court vide order dated 11.07.2001 was pleased to direct the respondent not make any kind of construction in the property in question, not even repairs, without the permission of this Court.
The allegation of the petitioner is that inspite of order dated 10.10.2000 and order dated 11.07.2001, the respondent has not stopped the demolition and reconstruction work till today and the construction material is still lying at the site for further construction. Thus, the respondent has violated the orders of this Court.
In reply, respondent has submitted that vide order dated 11.07.2001, this Court directed him that he shall not make any kind of construction in the property in
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dispute not even repair without permission of this Court. After receiving the said order, no violation of order dated 11.07.2001 has been made by him. The respondent has further submitted that he has not made any major structural changes in the property after stay order dated 11.07.2001. Respondent in his affidavit tendered in this Court by way of reply has specifically stated that he has not done any repair work or construction on the disputed property after the orders passed by this Court.
Petitioner has not rebutted the averments made by the respondent in his reply. Therefore, no contempt is made out.
Present petition stands dismissed and notice served on the respondent stands discharged.
July 25, 2011 vkd
( Alok Singh ) Judge
2 issues framed by the court
Whether the respondent violated the court order by continuing demolition and reconstruction work.
Whether the petitioner has made out a case for contempt of court.
Sanjay Jain
Suraj Bhan
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
