RAJESH MISHRA Vs. RAMVILAS & ORS

JUDGEMENT

(1.) This Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal), Adhiniyam 2005 takes exception to order dated 8/2/2017 passed in Contempt Case No.505/2015.

(2.) The Contempt Case was filed by the Appellant alleging willful disobedience of order dated 12/3/2015 passed in W.P. No.3571/2014 which was filed under Article 227 of Constitution of India against the order passed by the trial Court rejecting application under Order 39 Rule 1 & 2 Code of Civil Procedure, 1908 in a cross suit filed by the petitioner/defendant. After dwelling on the facts learned Single Judge vide order dated 12/3/2015 granted injunction in favour of the petitioner, injuncting the respondent No.1 from creating any kind of hindrance with marriage garden in question.

(3.) Later on, the petitioner alleging willful disobedience of said order filed Contempt Case No.505/2015 against the respondent No.1/plaintiff as also against Town Inspector, Police Station Thatipur, Gwalior. Though the Town Inspector was not a party in Writ Petition No.3571/2014.