ISHRAT BEGUM Vs. NADEEM HUSSAIN

JUDGEMENT

(1.) THE principal grievance of the petitioners in seeking initiation of contempt proceedings is with regard to the alleged violation of the directions issued by this Court 18.04.2013 in C.M.(Main) No.1174/2011, which are as follows;

(2.) THE aforesaid directions came to be issued by this Court after a factual analysis of the respective claims, which concluded with the finding that;

(3.) ONCE there is a positive, albeit interim, finding by the Court with regard to the nature of possession, as well as use and occupation by the petitioners, that finding has to be respected by all parties concerned including the respondent No.1, till such time as the same is varied, stayed or reversed by any appropriate court. Admittedly, the aforesaid order and finding of this Court dated 18.04.2013 has not been varied, and continues to be in force. Under the circumstances, the respondent No.1 was obliged to take steps, and to do all acts necessary to ensure that the orders passed by this Court on 18.04.2013, and the findings recorded therein, are given full force and effect, if necessary, by removing any lock that he may have placed on the access to the suit premises before the aforesaid orders dated 18.04.2013 came to passed. He has chosen not to do so, perhaps on some mistaken advice.