RITA DATTA Vs. RAJIV MEHTA AND ORS.

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 9/2/2018 passed by Additional District Judge, Yamuna Nagar at Jagadhri vide which order dtd. 30/7/2013 passed by Civil Judge (Junior Division), Yamuna Nagar at Jagadhri was set aside and appeal was partly allowed thereby sentencing the petitioner to undergo simple imprisonment for a period of 14 days while entertaining the application under Order 39 Rule 2-A CPC.

(2.) Perusal of the record would show that violation of injunction order dtd. 26/11/2007 was alleged against the petitioner. There was contested litigation between the petitioner (sister) and respondent No. 1 (brother).

(3.) Trial Court found that the order of status quo was passed on 23/10/2007, 26/11/2007 and 21/5/2008 in respect of cutting and removing of trees on the land in dispute. Trial Court took cognizance of the fact that contempt in terms of Order 39. Rule 2-A CPC terminates with the culmination of suit proceedings on merits. The status quo was granted in the suit which was ultimately dismissed as withdrawn by the petitioner herself. The rigour of order of status quo merged into the order of withdrawn vide which the proceedings were terminated. Reference was made to the ratio laid down in Kirpal Singh and others v. Satish Kumar Sabharwal and others, : (2007-3)147 PLR 209.