Contempt Of Court Order Foramte
1.
Parties
present.
2.
Preliminary
arguments on the petition heard and record gone through.
3.
The
learned counsel for petitioner, Mr. _______ Advocate,
argued that petitioner had filed a suit No. example/1 of 2019 for declaration,
recovery of possession and permanent injunction against defendant regarding the
suit property. He stated that the Court has granted Ad-interim injunction against the defendants on 02.06.2021
to the extent of raising constructions of suit property till date. He stated
that the respondents, during the status quo, have raised construction in the
suit property and thus have intentionally violated order of this Court. He
stated that bailiff report support stance of the petitioner. Therefore, prayed
for maintainability of instant petition.
4.
Conversely,
the learned counsel for the respondent No.02, _______ Advocate,
vehemently opposed the stance of the petitioner. He stated that the application is fictitious,
baseless and not maintainable. He further stated that the respondent No. 02 is
not the party to suit and temporary injunction was not granted against him. He
stated that instant petition has been filed for just to harass the respondent.
He requested for rejection of instant petition with costs.
5.
Perusal
of record reveals that the petitioner has filed a civil suit No. 445/1 of 2019,
wherein ad-interim injunction was granted in his favour against defendants on 02.06.2021
to the extent of raising construction to the suit property. The temporary
injunction is confirm, for statutory period of 06 Months or till disposal of suit
which error comes earlier, vide order dated 08.06.2021.
6.
During the pendency of the suit, on 05-06-2021
the petitioner moved instant petition with request that contempt proceedings
may be initiated against the respondents due to the reason that the respondents
have violated the court order dated 02.06.2021 and interference has been made
by respondents by raising construction on the disputed property.
7.
Perusal
of record shows the plaintiff has filed suit against respondent No.01 & 51
others while respondent No. 02 of instant petition is not party to the suit NO.
example/1 of 2019. It is settled principle that no one can be held guilty of
disobedience of an order except the person to whom the order was directed and
the court had no jurisdiction to initiate contempt of court proceedings against
whom no order was made.
8.
Moreover,
the bailiff report dated 02.06.2021 shows that no
construction has been raised on the spot by the respondent which could suggest
that the respondent No.1 has violated the court order. In such like situation the court
could not precede the instant petition due to its ambiguous and vague nature
because it would definitely be a futile exercise.
9.
Hence, keeping in view the above the instant
petition is not maintainable hence dismissed.
10.
Cost
shall follow the event.
11. File be consigned to the record room after its necessary completion and compilation.
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