In the High Court for the States of Punjab and Haryana at Chandigarh
...
COCP No. 475 of 2008
Date of decision: July 13, 2009
Sukhwinder Singh son of Gurcharan Singh ..Petitioner.
Versus
Baldev Singh and others ..Respondents
Coram: Hon'ble Mr. Justice Rakesh Kumar Garg
Present: Mr. O.P.Gabha, Advocate
for the petitioner
Mr. R.S.Aulakh, Advocate
for the respondents
..
Rakesh Kumar Garg,J(Oral)
In this petition, the petitioners have alleged that respondents have
committed contempt of court by obstructing Phirni XYZ in violation of the
undertaking given by the parties in Civil Appeal No. 167 of 1985 decided on
13.1.1987 by the learned Additional District Judge, Ferozepur as the appeal was
dismissed as withdrawn on the statement made by the respondents.
In their reply, the respondents have stated that they were not a
party to the suit and they have not made any statement before the lower
Appellate Court and thus they cannot be bound by the statement made by the
Panchayat and held liable for the breach of such a statement which was not
made by them. It has also been submitted by the respondents that the Phirni as
in its original shape still exists and they have not made any obstruction as
alleged.
In view thereof, I find no ground to further proceed in the present
petition. The facts of the judgment relied upon by the counsel for the petitioner in
Vidhya Charan Shukla Versus Tamil Nadu Olympic Association and another
1991 Crl.L.J.2722 are not applicable in the present case as the aforesaid case
was not a case of disobedience of statement made by the third party.
Rule discharged.
July 13, 2009 (RAKESH KUMAR GARG)
nk JUDGE