The High Court of Rajasthan, Jodhpur, dismissed a civil contempt petition against Bhanvari Devi. It held insufficient evidence that contemners were informed of an interim stay before alleged construction was raised, thus finding no contempt established.
Contempt petition dismissed as no contempt made out due to lack of evidence regarding notice of stay.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------
CIV. CONTEMPT PET. No. 5 of 2007
KAMLA DEVI V/S BHANWARI DEVI & ANR.
Mr. JITENDRA OJHA, for the appellant / petitioner Mr. LR UPADHYAY, for the respondent
Date of Order : 6.9.2007
HON'BLE SHRI N P GUPTA,J.
ORDER -----
Heard learned counsel for the petitioner, perused the interim stay, contempt petition and the reply thereto.
In my view, it is not reliably established that the contemners were informed of the interim stay granted by this Court before the alleged construction was raised. In that view of the matter, no contempt is made out. The contempt petition is, therefore, dismissed.
/tarun/
1 issue framed by the court
Whether the court is satisfied that contemners were properly informed of the interim stay before the alleged obstruction was raised.
Kamla Devi
Bhanvari Devi
N P Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
