STAR RESIDENTS SOCIETY REGD Vs. M N BHARDWAJ

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for disposal.

(2.) The petitioner seeks initiation of contempt proceedings against the respondents for violating the orders dated 23.4.1999 and 19.1.2000, by which status quo was directed.

(3.) Counsel for the petitioner has submitted that vide order dated 23.4.1999 this court had directed status quo. Unfortunately the petition was dismissed in default, on 14.7.1999. The petitioner moved an application for restoration of the same, of which notice was issued on 30.7.1999. Respondents sought time to file reply again on 8.10.1999. It is the petitioner's case that the respondents despite the pendency of the application for, restoration and knowledge of the earlier order of status quo, carried out the construction in November 1999. Eventually the writ petition was restored on 19.1.2000. Learned counsel also produced on record photographs showing the various stages of construction in the month of November 1999. It is the admitted case of parties that between 14.7.1999 and 18.1.2000, writ petition remained dismissed till it was restored on the 19.1.2000. Hence there was no order of status quo operative during this intervening period. Learned counsel attempted to urge that the respondents had knowledge of the application for restoration of the earlier order.