KASHMIR KAUR Vs. RANJIT SINGH AND ANOTHER

JUDGEMENT

(1.) Plaintiff-petitioner has preferred the instant petition under Article 227 of the Constitution praying for setting aside the impugned order dated 19.8.2009 (P.4) passed by the learned Civil Judge (Sr. Division), Gurdaspur whereby her application under Order 39 Rule 2-A read with Section 151 CPC for initiating of contempt proceedings has been dismissed.

(2.) Facts of the case are that the plaintiff-petitioner filed a Civil Suit No. 171 dated 8.6.200S for possession by way of specific performance of agreement dated 23.4.2004 executed by the defendants-respondents in favour of the plaintiff-petitioner regarding land measuring 16 kanal 12 marlas as described in the head note of the plaint. Along with the civil suit, an application for interim injunction was also filed. Upon notice, the defendants-respondents filed written statement in the main suit as well as reply to the injunction application. After considering rival contentions of parties, status quo regarding possession as well as alienation was granted vide order dated 15.6.2005 (PA). During the pendency of the civil suit, an application dated 10.8.2005 (P.2) under Order 39 Rule 2A read with Section 151 CPC was filed by the plaintiff-petitioner for initiation of contempt proceedings against the defendants-respondents for violating the interim injunction dated 15.6.2005 (P.l). Upon notice, the defendants-respondents opposed the application by filing reply dated 7.9.2005 (P.3). After hearing both the sides, the learned trial Court vide its impugned order dated 19.8.2009 dismissed the application, hence the present petition.

(3.) Heard learned counsel for the petitioner and perused the paper book.