Sawal Beg v. Ram Bhagat Patel
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.1120 of 2018
1. Sawal Beg S/o Late Peer Beg Aged About 55 Years R/o Near Tulja Bhawani Mandir, Karaihapara, Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
2. Farid Beg S/o Late Peer Beg Aged About 48 Years R/o Near Tulja Bhawani Mandir, Karaihapara, Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioners
Versus
• Ram Bhagat Patel S/o Maniram Patel Aged About 68 Years R/o Karaihapara, Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh. (Contemnor), District : Bilaspur, Chhattisgarh ---- Respondent For Petitioner :
Shri Abhishek Singh, Advocate For Respondent :
Shri Ravindra Sharma, Advocate Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/01/2020 1.
This petition has been filed alleging willful disobedience of order dated 12-09-2018 passed by this Court in First Appeal No.260 of 2018. 2.
Learned counsel for petitioner submits that even though, there was an order passed by this Court on 12-09-2018 in First Appeal No.260 of 2018, directing the parties to maintain status quo, the respondent started collecting construction material including bricks towards erection of wall, in violation of the status quo order.
3.
Learned counsel for the respondent, referring to the averments made in the counter affidavit and photographs annexed, submits that he neither raised any construction nor there is any intention of erection of wall. It is submitted that earlier, the wall had fallen down in the past, much prior to passing of the interim order and the bricks, which were lying here and there, he only collected those
bricks without any intention to raise construction. 4.
Learned counsel for the petitioner does not dispute that at present, no wall has been constructed.
5.
In that view of the matter, I am not inclined to proceed further in the matter. Accordingly, this contempt petition is closed. Rule is discharged. 6.
However, in case, any violation takes place, it would be open for the petitioner to file fresh contempt petition.
SD/- (Manindra Mohan Shrivastava) J U D G E Tumane