Niranjan Lal vs Jagram Singh And Ors

This is a contempt petition preferred for non-compliance of the order passed in the civil first appeal of status quo.

Learned counsel submits that in spite of status quo order having been passed, the respondents have cultivated the land.

Per contra, learned counsel appearing for the respondent- contemnors submits that the land was in their possession and there was an injunction order

in their favour during pendency of the suit which continued in view of status quo order passed in first appeal and therefore, they were entitled to

cultivate the land.

Apparently, these are disputed question of facts which cannot be adjudicated in contempt proceedings under the Contempt of Courts Act, 1971. This

court has already held in first appeal that if there is an interim order passed, the same would be in the nature of the provisions under Order 39 Rule 2A

CPC and if there is violation of the stay order, the remedy is available under CPC of moving an application under Order 39 Rule 2A CPC as the

proceedings continued in first appeal in terms of Section 141 CPC.

Keeping in view the aforesaid, this court does not deem it appropriate to proceed with the contempt proceedings. The contempt proceedings are

dropped.

The contempt petition is dismissed while granting liberty to the petitioner to move an appropriate application in terms of provisions contained under

CPC. Notices stand discharged.