The High Court dismissed a civil contempt petition alleging willful disobedience of an interim order extending an injunction. The court held that the petitioners failed to prove that respondents were informed of the order within its operative period.
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[2023/RJJP/007907]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 917/2010
In
S.B. Civil First Appeal No.283/2010
1.Laddu Ram
2.Gani Ram
Both sons of Late Shri Sunsi Lal, R/o Niwaroo Road, Nathji Ki Thadi, Dewa Ki Dhani, Jaipur (Raj.)
----Plaintiffs/Appellants/Applicants
Versus
1.Kailash S/o Sh. Sunsi Lal, R/o Gram Nangal Jaisa Bohra, Tehsil Jaipur, District Jaipur.
2.Gopal D/o Sh. Sunsil Lal W/o Hari Narayan, R/o Murlipura Dandoriya Ki Dhani, Benad Road, Jaipur Tehsil Jaipur.
3.Lalli D/o Sunsil Lal W/o Ghasi Ram, R/o Nai Kothi Bye Pass, Gram Nangal Jaisa Bohra, Tehsil Jaipur, District Jaipur.
4.Babli D/o Sunsil Lal W/o Durga Lal, R/o Nindad, Bagra Wali Dhani, Tehsil Amer, District Jaipur (Raj.)
5.Hanuman S/o Chhotu, R/o Gram Nangal Jaisa Bohra, Niwaroo Road, Nathji Ki Thadi, Dewa Ki Dhani, Tehsil Jaipur, District Jaipur.
6.Ghasi Ram S/o Kesya,
7.Dana Ram S/o Kesya,
8.Birdi Chand S/o Kesya,
Respondent No. 6 to 8 are r/o Niwaroo Road, Nathji Ki Thadi, Dewa Ki Dhani, Jaipur (Raj.)
9.Nanu S/o Dewa, (Deceased)
9/1.Basanti Lal S/o Late Shri Nanu
9/2.Munna Lal S/o Late Shri Nanu
9/3.Gulla Ram S/o Late Shri Nanu
9/4.Lala Ram S/o Late Shri Nanu
9/5.Gopal S/o Late Shri Nanu
All R/o Niwaroo road, Nathji Ki Thadi, Dewa Baba Ki Dhani, Jaipur, (Raj.)
10.Madan Lal S/o Shri Ani Lal, R/o Sabji Mandi, Gate No.1, Lalkothi, Jaipur, Tehsil Jaipur, District Jaipur.
----Defendants/Respondents/Contemnor
[2023/RJJP/007907]
[CCP-917/2010]
(2 of 2)
For Petitioner(s) : Mr. Deshraj Kalwania For Respondent(s) : Mr. Sumer Saini
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order
24/04/2023
This contempt petition has been filed alleging willful disobedience of the interim order dated 09.08.2010 passed in S.B. Civil Misc. Stay Application No.1374/2010 in S.B. Civil First Appeal No.283/2010 whereby, the order of injunction passed by the learned trial Court was made operative for a further period of four weeks.
Learned counsel for the petitioners submits that the respondents have raised constructions over the subject property despite interim order dated 09.08.2010. He, however, could not satisfy this Court that the respondents were informed of the interim order dated 09.08.2010 during the period, it was operative i.e. four weeks from the date of its passing. Reliance placed by the learned counsel for the petitioners on the receipt of a registered post dated 24.09.2010 is of no help to them inasmuch as even as per the contents of the contempt petition, the respondents were intimated of the interim order after the expiry of the period of four weeks for which it was operative.
Since, the petitioners could not establish willful disobedience of the interim order of this Court, this contempt petition is dismissed.
(MAHENDAR KUMAR GOYAL),J
Sudha/168
2 issues framed by the court
Whether the contempt petitioners established willful disobedience of the interim order by the respondents.
Whether the respondents were informed of the interim order within the period it was operative.
Laddu Ram
Gani Ram
Kailash
Gopal
Lalli
MAHENDAR KUMAR GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
