LAWS(DLH)-1994-12-3

HARI OM GUPTA Vs. R R SHARMA

Decided On December 20, 1994
HARI OM GUPTA Appellant
V/S
R.R.SHARMA Respondents

JUDGEMENT

(1.) The petitioner seeks proceedings under Section 8 read with Section 11 of the Contempt of Court Act, 1958 and Order 39 Rule 2-A Civil Procedure Code being in- itiated against the respondents who are officers respectively of DDA and police.

(2.) It will be useful to notice the background which has given rise to the initiation of these proceedings since the facts are bit little peculiar.

(3.) The petitioner filed a suit for permanent injunction in the court of Senior Sub-Judge, Delhi. The relief prayed for in the suit was of the defendants Municipal Corporation of Delhi and Delhi Development Authority being restrained by a decree of permanent injunction from demolishing the suit property which was a portion of Khasra No.l 2383/1849/69 and 3760/ 2382/ 1849/69/1 Mauza Karkarduma, Illaqa Shahdara, Delhi admeasuring 800 sq. yards. It appears that the suit was not contested by the defendants. They simply made a statement before the court that the plaintiff would not be evicted from the land in dispute except due process of law. By order dated 1.6.1984, the learned Sub-Judge directed the suit to be dismissed as withdrawn in view of the statement of the counsel of the plaintiff made in the light of the statement made on behalf of the defendants.