Rajasthan High Court - Jodhpur
Chela Ram vs Ashok Sampat Ram & Ors on 12 May, 2010
Bench: A.M. Sapre, Dinesh Maheshwari
58 D.B. CIVIL CONTEMPT PETITION NO. 210/2010.
IN
D.B. CIVIL SPECIAL APPEAL NO. 386/2006.
Chela Ram Vs. Ashok Sampat Ram & Ors.
...
Date of Order :: 12th May 2010.
HON'BLE MR. JUSTICE A.M. SAPRE
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Nishant Mothsara &
Mr. H.S. Shekhawat for
Mr. R.S. Saluja, for the petitioner.
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BY THE COURT:
This contempt petition arises out of an order dated 12.12.2009 passed in SAW No. 333/2006 and other connected matters.
Having heard the learned counsel for the petitioner and on perusal of the record of the case, we are of the considered opinion that this contempt petition is really misconceived because the remedy of applicant lies in challenging the legality and propriety of the order dated 15.10.2009 (Annex.2) passed in compliance to the order dated 12.12.2009 passed in SAW No. 333/2006 by way of a writ petition or any other appropriate remedy that may be available to the petitioner in law. The contempt petition is not meant to examine the legality and propriety of any order passed by the authorities concerned in any matter. This jurisdiction is confined to examine as to whether the respondent has acted in gross violation of writ issued by this Court so as to invoke the powers of Contempt of Courts Act. No such case is made out.
It is with these observations, this contempt petition is dismissed in limine. However, a liberty is granted to the petitioner to take recourse to the remedies available to him in accordance with law to question the legality of order dated 15.10.l2009 (Annex.2).
(DINESH MAHESHWARI),J. (A.M. SAPRE),J. Mohan/