VIJAY KUMAR AGARWAL Vs. PARVEEN SINGH

JUDGEMENT

(1.) This petition seeks initiation of contempt proceedings against respondents no. 1, 2 and 3 arising out of the order dtd. 22/7/2023 in CS DJ No. 833/2019 alleging that there is wilful and malafide refusal to follow, disobey and evade the law laid down with respect to giving primacy and precedence to the perjury application over the civil suit in accordance to M.S Sherrif v State of Madras, AIR 1954 SC 397 and Syed Askari Ali Augustine Imam v State (Delhi Administration), AIR 2009 SC 3232.

(2.) In the present case, respondent no. 1 is the learned ADJ who heard the arguments and passed the said order. Respondent no. 2 is the counsel representing respondent no. 3 before the District Court and respondent no. 3 was the private respondent in the civil suit filed by the petitioner.

(3.) The brief facts of the case are that the petitioner filed a civil suit no. 1742 of 1997 (new number CS No. 186 of 2009, and renumbered as CS No. 833 of 2019) for possession of immovable property, namely Plot No. B-15, Acharya Niketan, Mayur Vihar Phase-I, Delhi, admeasuring 433.5 sq. yds. (65"x60") against respondent no. 3 before this court. However, on account of enhancement of pecuniary jurisdiction, the suit was transferred before the learned TizHazari Courts. The petitioner had also filed for mesne profits.