BHAGWAN DASS Vs. JAI KISHAN AND OTHERS

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 02.09.2014, whereby the Additional District Judge, Gurgaon has dismissed the application filed under Order 39, Rule 2A of Code of Civil Procedure, 1908 read with Sections 10 and 12 of Contempt Court Act, 1971 for initiating and punishing the contemnors.

(2.) The reasoning which prevailed with the Court was that the application had been filed in respect of the order passed 10 years ago and that the status-quo order dated 01.05.2001, which was stated to have been violated was regarding parties to maintain status-quo from raising construction as such. The mother had sold her share to her son Jai Kishan who was the brother of the present appellant and in the absence of any evidence that he had raised any such construction the self serving statement of the appellants and his two witnesses was not reliable. The application was also dismissed on the ground that since the civil appeal itself stood withdrawn on 13.10.2005 and therefore, the proceedings under Order 39, Rule 2A CPC could not be continued.

(3.) A perusal of the record would go on to show that suit was filed by respondent No.1 on 02.12.2000 for permanent injunction with relief of mandatory injunction that the defendant should not raise any Pacca wall around Killa No.19, wherein tubewell (joint) and Kothri had existed. The application for temporary injunction had been dismissed on 26.03.2001 and the respondent No.1 herein went in appeal wherein the order dated 01.05.2001 was passed ex parte directing the parties to maintain status-quo. The said order reads as under:-