AMARJIT SINGH Vs. JOGA SINGH

JUDGEMENT

(1.) THE present petition has been filed by the petitioner for punishing the respondent for willfully disobeying the undertaking given in the Court of Additional District Judge, Amritsar on 4.9.2002 (Annexure P -4) wherein the respondent made a statement that he will make construction on the disputed property as per the sale deed dated 15.5.1974 and will not construct anything more than that.

(2.) AS per the averments made in this petition, there was a dispute between the parties and petitioner had filed a civil suit for permanent injunction restraining the defendant from encroaching upon the area of the petitioner as detailed in the suit and further restraining him from raising any construction on the said portion of the land. Along with the suit the petitioner had also filed an application under Order 39 Rules 1 and 2 CPC for grant of interim injunction. During the pendency of his appeal before the Additional District Judge, on the question of interim stay the respondent made a statement that he will make construction on the disputed property as per sale deed dated IS.5.1974 and the petitioner got his appeal dismissed as withdrawn.

(3.) I have heard learned Counsel for the petitioner and perused the record of the contempt petition.