Ratan Lal vs Laxmi Devi And Ors

Contempt of the interim order dated 20.2.1997 in S.B. Civil First Appeal No. 55/1997 now pending for over 22 years is alleged in this petition.

The order dated 20.2.1997 aforesaid only stated that in the meantime the parties maintain status-quo.

Counsel for the petitioner submitted that the respondents are in contempt for reasons of having raised construction despite the order of status-quo.

Heard. Considered.

The underlying suit was one for specific performance under the Specific Performance Act, 1963. It was dismissed. First appeal against the judgment and decree of the trial court dismissing the petitioner-plaintiff's suit for specific performance was filed before this Court. Therein the order of status-quo was passed on 20.2.1997.

I am of the considered view that in the context of the underlying dispute between the parties, interim order of statusquo dated 20.2.1997 passed by this Court only entailed that there should be neither alienation, nor transfer of the disputed property nor any encumbrance be created thereon. That order cannot be construed to entail the restraint on the user including by way of constructions over the suit property at their pleasure by the respondents - contemnors, who are till date the absolute owners thereof. Only that in the event of the appeal being allowed, no benefit in law or equity could be claimed by the respondents for reason of constructions made during pendency of appeal.

There is no force in the contempt petition. It is accordingly dismissed.