MOHAN SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) IN S.B. Cr. Misc. Petition No. 134 of 1982 it was directed that, the disputed room shall be used by Kartar Singh add Shri Mohan Singh will not obstruct Kartar Singh from going into the room through the disputed verandah; that, likewise the disputed verandah shall be used by Mohan Singh, and in doing so, Kartar Singh will not in any way obstruct; that, this arrangement shall be subject to the preliminary decree passed on 7 -2 -1982 in a suit decided between the parties; and that the final decree is to be finally passed in that suit.

(2.) AFTER passing of the aforesaid order, Cr. Misc. Contempt Petition No. 2964/86 was filed against the present non petitioner Kartar Singh making allegations that he did not care to comply with the aforequoted directions and the order passed by this court; and in that contempt petition, it was directed under order dated 2 -2 -1987 that the non -patitioner shall vacate the verandah within fifteen days otherwise necessary action shall be taken against him.

(3.) A notice of this contempt petition was issued to the non -petitioner who has filed his reply denying the averments made in the present petition. During the pendency of this petition, the petitioner filed an affidavit stating on oath that the contemner has fixed a gate over the almirah situated in the Verandah and a lock on the same for putting his goods in it, and the same is under his lock and key on the western side of the disputed Verandah, and that, the non -petitioner is using the said Almirah and in view of the order dated 24 -7 -1986. the non petitioner has no right to use the said almirah as well. In this view of the matter, the non -petitioner is alleged to have disobeyed the orders of this Court.