High Court Punjab-Haryana High Court

Sunehra Ram vs Ram Kumar And Others on 9 July, 2009

Punjab-Haryana High Court
Sunehra Ram vs Ram Kumar And Others on 9 July, 2009
COCP No.923 of 2009(O&M)                                 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                      COCP No.923 of 2009(O&M)
                                      Date of decision: 9.7.2009

Sunehra Ram                                        ......Petitioner

                                Versus

Ram Kumar and others                               .......Respondents

CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG

* * *

Present: Mr. S.K. Sharma Budhladawale, Advocate for the petitioner.

Rakesh Kumar Garg, J.(Oral)

CM No.11532-CII of 2009

CM is allowed subject to all just exceptions.

COCP No.923 of 2009

Mr. S.K. Sharma Budhladawale, Advocate, has appeared in

the case and filed his power of attorney on behalf of the petitioner which

has been duly signed by Mr. P.N. Arora, Advocate, giving him no objection

to appear in this case in his substitution. The power of attorney is taken on

record.

The present contempt petition has been filed by the petitioner

for violation of order dated 15.10.1999 (Annexure P-2) passed by this

Court in CM No. 7097 of 1999 in RSA No.4073 of 1999 wherein the parties

were directed to maintain status quo regarding possession.

It is the case of the petitioner that vide Annexure P-1, i.e.

Judgment dated 15.5.1999 passed by the Additional District Judge,

Kurukshetra, it was held that the petitioner was in possession of the

property in dispute and the defendant-respondents in that appeal (now

respondents) were restrained from interfering in the possession of the
COCP No.923 of 2009(O&M) 2

plaintiff (petitioner) and were further restrained from raising any

construction over the suit property. It is the further case of the petitioner

that despite the aforesaid status quo order granted by this Court vide order

Annexure P-2, the respondents herein on the night of 7.4.2009 have

constructed a wall measuring 41 feet in length and 8 feet in height with a

view to take forcible possession of the plot and thus, have violated the

interim order issued by this Court and are guilty of contempt of Court and

are liable to be suitably punished.

I have heard learned counsel for the petitioner.

Undisputedly the order dated 15.10.1999 is the interim order.

The Hon’ble Supreme Court of India in the case of Food Corporation of

India v. Sukh Deo Parsad 2009 (2) RCR (Civil) 834, has categorically held

that when an interim order is disobeyed, contempt or penal proceeding do

not lie as the aggrieved party has remedy to file execution under Order 39

Rule 2A CPC. Admittedly the matter is pending before this Court in RSA

No.4073 of 1999 and the petitioner has also moved an application for

necessary relief in that appeal. Moreover, the order dated 15.10.1999 is

not in operation as the same was modified vide order dated 15.10.2001

passed in the regular second appeal and operation of the judgment and

decree of the Lower Appellate Court was stayed.

In view of the aforesaid matter, this Court is not inclined to take

cognizance of this contempt petition.

Disposed of.

Faced with this situation the learned counsel appearing on

behalf of the petitioner has stated that the petitioner also moved application

i.e. CM No.6949-51-C of 2009 in RSA No.4073 of 1999 for restraining the

respondents (appellant in RSA No.4073 of 1999) from raising further

construction on the disputed plot during the pendency of the aforesaid
COCP No.923 of 2009(O&M) 3

appeal, which is fixed for 4.8.2009. It is needless to say that the petitioner

may pursue any other appropriate remedy available to him.

July 9, 2009                              (RAKESH KUMAR GARG)
ps                                                JUDGE
 COCP No.923 of 2009(O&M)                                  4

Not only this, I find that the petitioner is guilty of misleading this Court by

suppressing material facts from the knowledge of this Court. I have also

perused the copy of the CM Nos.6949-51-C of 2009 moved by the

petitioner in RSA No.4073 of 1999. In para No.7 of the aforesaid

application, it has been categorically stated by the petitioner that vide order

dated 15.10.2001, the order dated 15.10.1999 passed by this Court was

moved to be read as under:

Admitted.

Operation of the judgment and decree of the First Appellate

Court is stayed till further orders.