MOHD. DANISH Vs. RAJU GEORGE AND OTHERS

JUDGEMENT

(1.) THIS contempt petition is moved under Section 12 read with Section 10 of the Contempt of Courts Act, 1971;

(2.) BRIEF facts of the case are that the plaintiff-applicant filed a Civil Suit No. 31 of 2004 before the learned Civil Judge (Junior Division), 'Almora against the Union of India, one Major Nautiyal and Colonel Sidhu, for injunction re­straining them from repairing his house in suit or from demolishing said house. The said suit appears to have been de­creed ex-parte on 23-09-2004 in re­spect of the house in suit situated in survey No. 7/74 within the limits of Cantonment Board, Almora. In the contempt petition, it is alleged that the respondents have violated the said de­cree and committed disobedience of the Court's order.

(3.) F provisions of Section 179 and 180 in the Cantonment Act, 1924 and in garb of injunction he has moved its petition to prevent the Cantonment Board from proceeding according to law. As far as the barrier on the main road is concerned, the answering re­spondent has stated that it is meant for checking the unauthorized vehicles from proceeding in the Army area. Al­leging the contempt petition to be malafide, it has further been stated by respondent No. 1 that answering re­spondent was not even a party in the suit and, as such, no contempt pro­ceeding is maintainable as against him,