GIAN PARKASH Vs. ANIL KUMAR GOYAL

JUDGEMENT

(1.) TERSELY , the facts & material, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record are that, initially petitioner (plaintiff) Gian Parkash son of Dev Karan(for brevity "the petitioner"), has instituted the civil suit against the respondents(defendants)Anil Kumar Goyal son of Munshi Ram and others(for short "the respondents"), in which, injunction was granted by the trial Court. Since, the respondents were stated to have violated the injunction order, so, the petitioner filed a petition to punish them under Order 39 Rules 2 -A CPC. The evidence of the petitioner was closed by the trial Court, vide impugned order dated 03.03.2014(Annexure P -2).

(2.) AGGRIEVED thereby, the petitioner(plaintiff) has preferred the present petition, invoking the provisions of Article 227 of the Constitution of India.

(3.) AT the very outset, in exercise of power conferred under Article 227 of the Constitution of India, I hereby exempt the issuance of notices to the respondents(defendants), in order to save them from the expenditure of counsel fees, litigation expenses in this Court and the delay in disposal of the contempt -petition, particularly when they can well be compensated with adequate costs in this context. Be that as it may, however, in case, the respondents are aggrieved by the order, in any manner, they would be at liberty to file a petition to recall this order without accepting the costs.