LAWS(P&H)-2019-12-336

JAI PARKASH Vs. KAPOOR SINGH

Decided On December 16, 2019
JAI PARKASH Appellant
V/S
KAPOOR SINGH Respondents

JUDGEMENT

(1.) Petitioners have preferred this revision petition against the orders dated 06.09.2014 and 06.10.2014 passed by the Civil Judge (Junior Division) Bhiwani and order dated 08.07.2019 passed by the Addl. District Judge, Bhiwani in the appeal against the aforesaid orders dated 06.09.2014 and 06.10.2014.

(2.) Perusal of the record would show that the respondent filed an application under Order 39 Rule 2-A CPC against the petitioners in the context of disobedience of the court order dated 10.04.2009, vide which both the parties were directed to maintain status quo regarding construction over the suit property. The said order was affirmed by the lower Appellate Court vide order dated 17.04.2010. Respondent alleged that despite the order of status quo, the petitioners raised new construction. The application under Order 39 Rule 2-A CPC was filed against seven persons. Only Jai Parkash, Vikas and Smt. Santra contested the application.

(3.) The trial Court vide order dated 06.09.2014 held the petitioner and others (respondents No.1 to 5 before the trial Court) guilty for raising construction in violation of order of status quo dated 10.04.2009. Vide order dated 06.10.2014, the petitioners were ordered to be sentenced for seven days simple imprisonment. The orders dated 06.09.2014 and 06.10.2014 passed by the Civil Judge (Junior Division) Bhiwani were assailed in the appeal before the lower Appellate Court.