CHARANJIT SINGH Vs. GURTEJ SINGH

JUDGEMENT

(1.) SUKHMINDER Singh respondent 4 filed civil suit 556 against Charanjit Singh petitioner and his brother Sarbjit Singh on 23.7.1993 for a permanent injunction seeking to restrain them from encroaching upon a public street and from interfering with its use as a street. An application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was also filed which came up for hearing before Sub Judge Ist Class, Bathinda on 23.7.1993 and the defendants in the suit were restrained from encroaching upon any portion of the disputed street. Notice in this suit was issued to the defendants for 23.8.1993. On this day the defendants including the petitioner herein appeared before the trial Court and sought time for filing written statement. The case was adjourned and the stay order was allowed to continue till further orders. Thereafter the petitioner filed a civil suit for permanent injunction against respondents 1 to 5 on 29.8.1993 seeking to restrain them from demolishing any part of the wall on the western side of the house belonging to the plaintiff and without disclosing about the earlier civil suit 556 and the order passed therein obtained an ex parte order of status quo. This suit came up for hearing before another Court. Sarabjit Singh brother of the petitioner and a co-sharer also filed a petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 50 of 1948 before the Additional Director Consolidation stating that during the consolidation proceedings khasra No. 906 had been alloted to him and thereafter he constructed a house on it and since his house extended on a part of khasra No. 914 which was a public street, the same be allotted to him. On this application the Additional Director allotted a portion of khasra No. 914 to Sarabjit Singh and the petitioner. This order of the Additional Director has been challenged in two writ petitions 14699 and 17982 of 1994 in which operation of the impugned order has been stayed.

(2.) PETITIONER then filed the present petition under Section 12 of the Contempt of Courts Act alleging that the respondents had violated the order of status quo dated 29.8.1993 passed by the civil court in the suit filed by him. It is alleged that the petitioner and his brother Sarabjit Singh informed the Deputy Commissioner, Bathinda that inspite of the order of the civil court the wall of their house was being demolished by the respondents.

(3.) I have heard counsel for the parties and have gone through their pleadings.