MARGHOOB ALAM Vs. KAMAL AHMAD

JUDGEMENT

(1.) SRI Ratnesh Chandra holding brief of Sri Dipak Seth, learned counsel for the petitioners submits that on 18.10.2011, this Court has passed an interim order where the passage was given to the petitioners to assess their plots, the same has not been given by the opposite party, so contempt has been made out.

(2.) HE further submits that the order dated 19.09.2009 has been modified by the higher forum.

(3.) HE further submits that vide order dated 19.09.2009 passed by the trial court under Order 39, Rule 1, CPC, it was provided that the petitioners will not interfere in the peaceful possession of the owner of the plots. After hearing both the parties, it appears that the controversy is a disputed question of facts. Parties shall at liberty to seek remedy at the appropriate forum, if advise so. Further, this Court has already directed the lower court to finally decide the Regular Suit No. 152 of 2009 on or before 31.05.2012. Presently, no case of contempt has been made out.