KAUSHALYA DEVI Vs. KAUSHALAYA DEVI AND OTHERS

JUDGEMENT

(1.) By medium of this application under Order 39 Rule 2-A read with section 151 of the Code of Civil Procedure (for short 'Code'), the applicant-appellant (for short 'applicant') has sought direction for punishing the respondents for having willfully disobeyed the orders passed by this Court on 3.5.2007 in CMP No. 169/2007 and at the same time has also sought the attachment and sale of the property of the respondents.

(2.) The applicant was the plaintiff, who had filed a suit for declaration and injunction with respect to the suit land comprising Khata No. 52 min, Khatauni No. 81, Khasra No.1678 situated in UpMohal Narwana, Yol Cantt. Tehsil Dharamshala, District Kangra. The suit came to be dismissed and the first appeal preferred by the applicant against such dismissal was also dismissed constraining the applicant to file the Regular Second Appeal, which was admitted by this Court on 3.5.2007. Alongwith the appeal, the applicant filed an application under Order 39 Rules 1 and 2 of the Code for restraining the respondents from raising any construction on the land comprised in Khasra Nos. 1679 to 1862 and also the land in dispute comprising in Khasra No. 1678, which was registered as This application came up for consideration before this Court on 3.5.2007 and the following order came to be passed:

(3.) It is averred that despite the stay order having been passed by this Court in presence of the counsel for the parties, the respondents on 11.1.2012 cut one eucalyptus tree from the land in dispute and started raising construction on the land in dispute on 14.1.2012. The case was reported to the police as also to the Deputy Commissioner, Kangra, but despite being informed of the order, respondents continued to raise the construction and had raised the basement pillars up to the roof level and refused to stay the construction on the premise that there was no stay order from this Court. The copies of the report made to the Deputy Commissioner, Kangra as also the police have also been attached as Annexures A-1 and A-2 with the application and likewise the photographs of the felled eucalyptus tree have been appended as Annexure A-3. Statements recorded by the police have also been annexed as Annexure A-4.