RAM DEV THAKKAR Vs. BHOJ DUTT

JUDGEMENT

(1.) This is a contempt petition filed by the appellant, who filed Regular Second Appeal No. 2315 of 1989, alleging that the contemners are guilty of committing contempt by flouting the orders passed by M.M. Punchhi, J. as his Lordship then was, dated September 27, 1989. The wilful disobedience which has been alleged in the petition is that in utter disregard of the order passed by this Court, the contemners have taken possession of the building on October 9, 1989. The exact allegation is contained in paragraph 8 at page 3 of the contempt petition. For facility of ready reference, the allegation is reproduced below :-

(2.) After hearing the learned counsel for the parties, this Court is of the view that no stay was granted by this Court as regards possession of the building. M.M. Punchhi, J. as his Lordship then was, granted status quo regarding working of the Society only. The exact stay order is reproduced below :-

(3.) Since no stay order of dispossession was granted, no case for punishing the respondents in contempt is made out. It cannot successfully be maintained that the respondents are guilty of any wilful disobedience of any order of this Court. Consequently, the contempt petition is ordered to be dismissed and rule issued by this Court is hereby discharged.