KABUL SINGH Vs. SHAFI AHMAD

JUDGEMENT

(1.) By means of the instant contempt petition, the petitioner seeks indulgence of this Court qua an order passed on 5/4/2023, in Civil Suit No. 44 of 2023, Kabul Singh Vs. Shafi Ahmad and Others ("the case'), by the Court of Civil Judge, Kashipur, District Udham Singh Nagar on an application filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 ("the Code'), by which the respondents have been restrained to interfere in the disputed property.

(2.) Heard learned counsel for the petitioner and perused the record.

(3.) At the very outset, the Court wanted to know as to why an application under Order 39 Rule 2A of the Code has not been moved before the Court concerned in the case? Learned counsel would submit that the respondents are continuously interfering in the scheduled property.