Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 279 of 2006 Petitioner :- Dhruva Deo S/O Jaddu Prasad Respondent :- Sri K. Ravindra Nayak, Jiladhikari Deoria & Others Petitioner Counsel :- R.C. Maurya,S.P.K.Tripathi Respondent Counsel :- S.C.,Ashok Kumar,Depak Verma,Surya Narain Hon'ble Vikram Nath,J.
Today there is an illness slip of Sri Dhruv Narain, learned counsel appearing
for the opposite party. When the case has been taken up in the revised call
learned counsel for the applicant is not present.
This contempt application was filed alleging disobedience of the interim
injunction dated 17.3.2005 directing the parties to maintain status quo. On
record there is an order dated 20.12.2005 passed in the Contempt Application
No.3961 of 2005 whereby the same was rejected at that stage on the ground
that the applicant had no where asserted of being in possession over the
property in dispute. Further in the counter affidavit filed by the opposite
parties in this contempt application serious dispute with regard to title and
possession over the property in dispute has been raised and according to the
opposite party he is the real owner and is in possession over the property in
disputed
In the circumstances there is issue with regard to the possession over the
property in dispute. This Court feels that such a disputed question of fact
cannot be decided in this contempt proceedings.
Accordingly notices are discharged. Contempt application is consigned to
record.
Order Date :- 5.8.2010
RPS