PRAKASH CHAND Vs. HARDIAL SINGH

JUDGEMENT

(1.) The present reference has been made by the learned Civil Judge (Senior Division), Kangra at Dharamshala, under Sec. 10 of the Contempt of Courts Act, for taking action against the respondent.

(2.) Briefly stated, the facts of the case are that the respondent filed a suit in the Court of learned Senior Sub Judge, Kangra and along with the suit, an application under Order 39 Rules 1 and 2 read with Sec. 151 C.P.C., was also filed, restraining the respondent from blocking, stopping free flow of Kuhl passing through the land of the applicant/plaintiff. An order of status quo was passed accordingly in CMA No. 71 of 2003. It was alleged that in spite of the order of the status quo, the respondent/plaintiff in the suit land had constructed a large residential house on the part of the suit land in spite of the fact that he had given undertaking on 5.8.2003 that he would maintain the status quo regarding nature, construction and flow of water on the suit land till the final decision of the suit.

(3.) Thereafter, an application under Sec. 10 of the Contempt of Courts Act, 1971, was filed before the learned trial Court that action be taken against the plaintiff/respondent. The reply was filed by the respondent. Both the parties led evidence and the learned trial Court has made the present reference under Sec. 10 of the Contempt of Courts Act, for taking action accordingly.