CHARAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ADMITTED . Mr. Sanjay Karol, learned Advocate General appears and waives service of notice of admission on behalf of respondents No. 1 and 2 and Mr. N.K. Thakur appears and waives service of notice of admission on behalf of respondent No. 3. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) THE petitioner, who was defendant before the trial Court, filed an application for interim injunction. Notice was issued and simultaneously ad interim relief was granted on April 10, 2001. The operative part of the said order reads thus :

(3.) THE case of the petitioner was that in site of ad interim order passed by the trial Court, respondent No. 3 objected to the consequential action being taken by preventing the officers of the Government respondents No. 1 and 2 and in implementing the order. He, therefore, approached this Court by invoking the provisions of Contempt of Courts Act, 1971. The said matter came up for hearing before this Court on May 22, 2000, and an order was passed permitting the petitioner to approach the trial Court under Order 39, Rule 2A of the Code of Civil Procedure, 1908. Accordingly, the petitioner filed an application, which was disposed of on June 30, 2000. While disposing the application, the learned Judge observed thus :