BHAG MAL Vs. RAGHU NATH

JUDGEMENT

(1.) THIS petition for contempt under Section 12 of the contempt of the Courts Act, 1971, has been filed by the petitioner on the facts detailed below

(2.) RESPONDENT No. 1 filed a suit for possession by way of pre-emption against Bhag Mal petitioner which was decreed by the trial court. The appeal by Bhag Mal against that judgment and decree was dismissed by Additional District Judge, Narmail, on 1st June, 1991. Thereafter, he moved an application before the Additional District Judge, Narnaul stating that the copy of the judgment and decree was not available to enable him to prefer the appeal. He, therefore, prayed that the execution of the decree be stayed for some time so that he may file an appeal. Notice of the application was given to the counsel for Respondent No. 1 who made a statement that if possession of the property had not been taken till then the respondent would not take its possession before 26th June, 1981. It is alleged that inspite of the undertaking given by his counsel the respondent took symbolical possession of the property on 22nd June, 1991 in collusion with Respondents Nos. 2 and 3. It is further alleged that now Respondent No. 1 is interfering with the possession of the petitioner in collusion with Respondents Nos. 4 to 14. Consequently, it is prayed that action be taken against the respondents under section 12 of the Act.

(3.) THE case was sent to the Subordinate Judge 2nd Class, Rewari for recording the evidence and submission of the same to this Court with his report which have been received.