RADHEY SHYAM Vs. SUSHIL KUMAR KANAUJIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The present contempt petition has been filed with the prayer that this Court may punish the opposite parties in accordance with law for dis-obeying the judgment and decree of the civil Court dated 13-8-1997.

(3.) The brief facts of the case are that the father of the applicant filed a suit for permanent injunction against the opposite parties including Gaon Sabha and State of Uttar Pradesh for restraining them by a perpetual injunction from interfering in the possession of the plaintiff. An ex parte decree was passed in his favour on 31-1-1985. This was regarding plot No. 554 area 4.7 Biswas of village Patpatia Taluqa Ashao, Pargana Tahsil and district Bhadohi. Thereafter the Deputy Collector Bhadohi passed an order on 13-8-1997 on the application of the Pradhan of the village on the basis of the report of the Lekhpal in case No. 32 of 1997 to the effect that the enquiry has been made and the application for restoration is rejected. It appears that earlier also some order had been passed and application for restoration had been moved. In the meantime the father of the applicant died on 13-10-1996. It had been alleged that in view of this the Sub-Divisional Officer (Up Zila-Adhikari) wilfully disobeyed the judgment and decree of the Civil Court by not setting aside the order dated 11-8-1997 and permitting disturbance in peaceful possession of the applicant on the disputed land the order defying the judgment and decree amounts to wilful disobedience of the civil court.