SETH JAYENDRABHAI SHANTILAL SHAH Vs. R.K. JAIN

JUDGEMENT

(1.) This L.P.A is preferred against the order dated 27.8.2012 dismissing the application filed under Order XXXIX Rule 2A C.P.C read with Section 10 of the Contempt of Courts Act, 1971 for violation of order dated 31.10.1991 passed in F.A No.145/1990(R).

(2.) The order dated 31.10.1991 was passed in F.A No.145/1990(R), in which the suit land appertains to Khata No.25, Plot No.27 of Mauja Parasnath Hill. When the first appeals were pending, the appellants filed M.J.C No.349/1996(R) for alleged violation of the interim order passed and for punishing the Opposite parties under Order XXXIX Rule 2A C.P.C. Learned Single Judge dismissed the application finding that there is no sufficient ground to proceed and take action against the Opposite parties either under the provisions of Rule 2A Order XXXIX CPC or under the provisions of Contempt of Courts Act, 1971.

(3.) The case of the appellant is that the Opposite Parties have violated the court order dated 31.10.1991 and 28.9.1992 and are liable for contempt of court for violation of the order of temporary injunction and also the order directing to maintain status quo. In extenso, the learned Single Judge has referred to the facts of the case and therefore, it is not necessary to narrate the entire fact. Suffice to note that F.A No.145/1990(R) along with other connected First Appeals was disposed of. Letters Patent Appeals arising therefrom, being L.P.A No.332/1997(R) with L.P.A Nos.333, 334,335, 336 and 346 of 1997(R) were also disposed of and the Special Leave Petition filed by the petitioners and others, being S.L.P (Civil) Nos.25572-25576 of 2004 and the counter Special Leave Petition by one Ratnesh Kumar Jain & Ano., being S.L.P (Civil) No.2818-2819 of 2005, are shown to be pending in the Apex Court as per updated information dated 1st August, 2012, obtained from the official website of the Supreme Court of India.