SWATI BHARDWAJ Vs. VASUNDHARA FUELS

JUDGEMENT

(1.) This writ petition has been filed against the order dated 16.11.2019 passed by Addl. District Judge No. 7, Jaipur Metropolitan in Civil Contempt Petition No. 49/2018, whereby the application filed by the petitioner-defendant (hereinafter referred to as 'the defendant') under Order 14 Rule 5 Readwith Section 151 C.P.C. has been dismissed.

(2.) Facts of the case are that the respondents-plaintiffs (hereinafter 'the plaintiffs') filed a suit for permanent injunction against the petitioner-defendant (hereinafter referred to as 'the defendant'). Alongwith the suit, an application for temporary injunction was also filed. The Trial Court vide its order dated 1.12.2008 dismissed the application for temporary injunction filed by the plaintiffs. Aggrieved therefrom, the plaintiffs filed a Civil Misc Appeal. The Appellate Court vide its order dated 30.5.2009 partly allowed the appeal filed by the plaintiffs; set-aside the order dated 1.12.2008 passed by the Trial Court and allowed the application for temporary injunction.

(3.) On 11.9.2018, the defendant filed a contempt petition under Order 39 Rule 2-A C.P.C. before the Court below alleging disobedience of the order dated 30.5.2009 passed by the Appellate Court. The plaintiffs filed reply to the said application. On 27.4.2019, the Court below framed the following issues: