Allahabad High Court
Suresh Chandra Jain & Others vs Rashid & Others on 2 July, 2010
Author: Vikram Nath
Bench: Vikram Nath
Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 657 of 2005 Petitioner :- Suresh Chandra Jain & Others Respondent :- Rashid & Others Petitioner Counsel :- Vikrant Rana Respondent Counsel :- S.C.,S.N.Singh Hon'ble Vikram Nath,J.
Heard learned counsel for the applicants.
The applicants claim to have a decree of permanent injunction in their favour from the Trial Court. On appeal by the defendants (opposite parties in this contempt application) compromise was entered, according to which plot no.1201/2, which was subject matter of the suit, was to remain in possession and owner-ship of the applicants. The appeal was decided in terms of the said compromise. The compromise decree in appeal was not carried any further. After couple of years, it is alleged that the opposite parties demolished the constructions of the applicants which according to the applicants were made in plot no.1201 /2 that is the land in suit. On the said allegations present contempt application was filed. Upon notice being issued the opposite parties filed their response in which the defence taken is that they have not interfered with any construction standing on plot no.1201/2 (land in suit). The question as to whether interference is made with constructions in plot no.1201/2 or over any other plot cannot be determined in contempt proceedings it is a pure question of fact. Accordingly the contempt application lacks merit. Notices are accordingly discharged and contempt application is consigned to record.
Order Date :- 2.7.2010 SS