SOBHIT KALA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This is a contempt petition against Smt. Santosh Kumari filed Under section 12 of the Contempt of Courts Act and further Art. 215 of the Constitution of India.

(2.) A suit was instituted by Sobhit Kala for declaration, recovery of possession, mense profits and permanent injunction before District Judge, Jaipur City which was decreed on 5.5.1999 by Additional District Judge No. 1. It related to a plot No. 13 situated at Ajmer Road, near ESI Hospital, Jaipur. Its appeal was preferred by Smt. Santosh Kumar before this Court. On 5.7.1999, the following order was passed

(3.) It is alleged that when on 18.11.2000, the petitioner who is one of the respondents in the appeal went towards the suit property on casual visit, he noticed the construction work being carried by the contemner. The height of the side wall as well of the front wall was raised by 4-5 feet and the height of the iron front gate wall supporting pillars of two sides was also substantially raised. The contemner was asked to stop the work and was reminded of the order; to which she, her husband Dwarka Prasad and son Ashok Kumar got enraged and asked the petitioner to leave the place immediately. It was also noticed that a big pucca water reservoir of bricks and cement was made in the suit property. On inquiry it was told that the contemner would start service station over the suit property. The contemner also obtained a three phase electric connection of 6 Kw. On 24.11.2000 against the meter No. 10137522 and service No. 355272. The connection is for non-domestic purpose. Thus, the contemner in wilful disobedience of the order of this Court dated 5.7.1999 made construction, obtained new three phase non-domestic electric connection, built pucca water reservoir for running service station and she despite being cautioned by the petitioner continued with the work. On 19.11.2000, the petitioner got the photographs snapped by hiring services of Kala Photo Palace, Film Colony, Choura Rasta, Jaipur. Because of the serious protest by the contemner hardly three snaps could be taken and they depict the condition of the property on 19.11.2000. The petitioner reported the matter to the police about the apprehension of breach of peace and the police after investigation submitted complaint against the contemner and her family members before the Sub-Divisional Magistrate (South), Jaipur Under section 107/116 Crimial P.C. where all of them have been bound down. It has been prayed that the contemner be punished for wilful disobedience.