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Judgment
The present contempt petition has been filed by the petitioner (respondent No.2 in the Writ Petition No.5020/2016), inter alia, alleging non-compliance of the interim order dated 4.5.2016 passed by this Court.
The above referred order, reads thus:
"In the meanwhile and until further orders, operation of order dated 10th of September, 2015 (Annex.1) shall remain stayed."
It is pertinent to note that the aforesaid order had been passed by this court in SBCWP NO.5020/2016, wherein a challenge to judgment and decree dated 10.09.2015 passed by the Wakf Tribunal was made. It will not be out of place to reproduce the relevant part of the judgment and decree impugned in the said writ petition:
"vr% oknhx.k dk nkok fo:) izfroknh uEcj 2 o 3 ds f[kykQ vk af"kd :i l s Lohdkj fd;k tkdj bl izdkj fMØh fd;k tkdj vkKk nh tkrh gS fd okni= e"kEewyk utjh uD"kk izn"kZ&1 esa ^^lh** ekdZ efLtn oknhx.k dh oDQ lEifr gS ftl ij tk s QsfUlx dh xbZ gS ml s fMØh dh frfFk l s 4 ekg esa gVkos o bl efLtn dk vf/kiR; gVkdj oknhx.k ;k jktLFkku oDQ ck sMZ dk s lkSis rFkk izfroknh la[;k 2 rk 3 dk s LFkk;h O;kns"k l s ikcUn fd;k tkrk gS fd bl efLtn esa uekt i<+us ds fy, oknhx.k o vke eqlyekuk sa dk s dk sbZ enk[kyr o etkegr ugh a Mky s o efLtn ij dk sbZ rkehjkr u djsA i{kdkjku [kpkZ viuk viuk Lo;a ogu djs] rn~uqlkj ,drjQk esa fMØh eqfrZc gk sA fu.kZ; dh izfr i{kdkjku dk s nh tkosA"
The petitioner has filed the present contempt petition alleging violation of the interim order passed by this Court contending that the respondents-contemnors have raised construction over the contentious site. In support of his claim, the petitioner has produced certain photographs in the form of Annex.2.
Having heard learned counsel for the petitioner and upon perusal of the material available on record including the photographs, this Court is unable to comprehend as to how the interim order dated 4.5.2016 has been flouted; particularly, when the same was not to the effect of maintaining status-quo. As a matter of fact this Court had only stayed the effect and operation of the impugned order dated 10.9.2015, passed by the Wakf Tribunal, which mandated removal of the fencing and handing over the possession to the plaintiffs or Wakf Board.
This Court does not find any substance in the present petition seeking initiation of contempt proceedings. The petition is thus dismissed.