LRS OF SUKHDAN Vs. CHHOGARAM

JUDGEMENT

(1.) THIS intra-court appeal is directed against the order dated 16.11.2011 whereby a learned Single Judge considered the matter in S.B. Civil Contempt Petition No.28/2007 in relation to the order passed by the Court on 05.01.2007 in S.B. Civil Second Appeal No.421/2006. With reference to the subject matter of the litigation concerning the right of way, the learned Single Judge found the appellants having not complied with the order passed by the Court for maintaining status quo in letter and spirit, particularly after noticing that earlier, the way in dispute, as shown in the plan prepared by the Commissioner at points A to B, had been opened but was again blocked after the decision of the First Appellate Court.

(2.) THE learned Single Judge considered it appropriate to permit the petitioner (the respondent herein) to remove the obstruction from points A to B, if the contemnors were not doing so; and also ordered for providing of local police help in case of the contemnors causing any hindrance or obstruction. The learned Single Judge made it clear that such removal of obstructions will not prejudicially affect the merits of the contentions of the defendants in the pending second appeal and also did not consider it expedient to award any punishment against the contemnors at the given stage. The learned Single Judge, inter alia, observed and ordered as under:-

(3.) HAVING regard to the subject matter of the litigation and the nature of the orders passed, when compliance had been carried out on 27.12.2011 as per the documents placed on record and the way at the disputed place had been opened, in our view, this appeal could only be considered as infructuous and the matter does not appear calling for any adjudication herein.