LAWS(ALL)-2002-12-25

SHIV NATH PRASAD KHANDELWAL Vs. RAM KUMAR

Decided On December 07, 2002
SHIV NATH PRASAD KHANDELWAL Appellant
V/S
RAM KUMAR Respondents

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri M. K. Shukla, learned counsel for the applicant.

(2.) In this case, on 27-2-1993 an order was passed by Munsif, district Mau directing the opposite parties to maintain status-quo of picture hall, Krishna Chitra Mandir. It is alleged that the order has been violated and the District Magistrate on 20-6-2002 has directed for the repair in the said hall and also permitted Sri Chandrama Prasad to enter into the hall. Therefore, the application for contempt has been filed against the opposite parties.

(3.) The learned counsel in support of the arguments has referred to the decision of Full Bench of Madras High Court in the case of Vidya Charan Shukla v. Tamil Nadu Olympic Association, reported in AIR 1991 Mad 323 : (1991 Cri LJ 2722). It was held that in case of disobedience of injunction order besides the remedy provided under Order 2-A of Order 39, C.P.C., High Court can also exercise the powers under Articles 215 and 323 of the Constitution of India.