SUO-MOTO Vs. GANPAT SINGH

JUDGEMENT

(1.) THIS contempt petition was registered upon suo-moto cognizance taken by a Coordinate Bench of this Court vide order dated 21.12.2012, whereby the cognizance was taken suo-moto for the alleged breach of stay order granted by another Coordinate Bench of this Court in the connected first appeal being CFA No.121/07- Deva Ram @ Devi Singh Vs. Ganpat Singh & Anr., in which the stay order was passed by the said Coordinate Bench on 20.08.2007 in the following terms:

(2.) MR . Sajjan Singh, learned counsel for the plaintiff- appellant submits that since the respondents-contemnors (defendants) were raising construction on the 'way', which was about 12' of width on the plot measuring 27' x 45', which was sold by the plaintiff to the defendants by a registered sale-deed, hence, the contempt was committed by them by violating the interim order, quoted above.

(3.) REPLY to the contempt petition has already been filed by the private respondents, in which the respondents have contended that in the aforesaid manner, the way in question has not been obstructed and no construction has been raised on the land of way; and only rooftop plaster was being undertaken, which cannot amount to any breach of the Court's order.