ITWAR SINGH Vs. GANESHRAM AND ORS.

JUDGEMENT

(1.) Invoking contempt jurisdiction of this Court under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India this contempt petition has been filed complaining, non-compliance of judgment and decree for injunction dated 02.02.2007 passed by the First Civil Judge Class-II, Durg in matter of Itwar Singh & another v. Gram Panchayat Achhoti & others, granting decree for permanent injunction in favour of applicant/plaintiff and restraining the2 respondent No.2/contemnor and other defendants therein from interfering with his peaceful possession.

(2.) The applicant herein Itwar Singh and Rohit Kumar instituted a Civil Suit No.34-A/2006 before the jurisdictional Civil Court (First Civil Judge Class-II, Durg) for seeking declaration of their title and permanent injunction restraining the defendant Gram Panchayat and thirty others from interfering with their peaceful possession. The said Court by its judgment and decree for injunction dated 02.02.2007 decreed the suit holding that the defendants therein had no right to make an encroachment over the suit land and restrained them from interfering with the peaceful possession of the plaintiffs.

(3.) Thereafter, present applicant filed an application under Order 39 Rule 2-A of C.P.C. for breach of injunction order stating inter alia that the present respondents/contemnors had dismantled the Iron Gate affixed by the applicant in breach of decree for permanet injunction granted by the civil court, and therefore, they are liable to be punished. It is case of the applicant herein that the said application was dismissed by the said court finding the said application not maintainable in law by order dated 18.07.2014.