KAKI DEVI Vs. KARAN SINGH AND ORS.

JUDGEMENT

(1.) DISPUTE with respect to the inheritance regarding land measuring 8 acres comprised in Khasra Nos. 103, 107, 109, 109 min, 110 and 111 situated at village Ghore Bains tehsil R.S. Pura, has been engaging the parties in various courts. It is contended that Ananti Devi allegedly made a Will of her occupancy rights in favour of Karan Singh and Kanta Devi. In this respect a civil suit came to be filed before the trial Court in which decree was passed in favour of the petitioner. On an appeal being filed before the learned District Judge, the decree passed by the trial Court was set aside. Against this Civil Second Appeal was filed in this Court. This Court vide order passed on 22.05.2003 directed that operation of the impugned judgment and decree shall stay. The second appeal was, however, dismissed for default on 30.09.2003. While passing the order of dismissal, this Court had vacated the stay order granted on 22.05.2003. The appeal was restored on 15.04.2004 to its original number subject to payment of Rs. 500/ - as costs.

(2.) IT is contended by the petitioner that after restoration of the appeal, respondents dispossessed him, from the land in question and it is under these circumstances the present contempt petition has been filed.

(3.) THE positive case of the respondents is that petitioner was never in possession of the property nor was there any order of stay passed by this Court.