Sat Bhushan Jain v. Pradeep Kumar Kapoor

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 36/2017 & CM APPL. 1880/2017 SAT BHUSHAN JAIN ..... Petitioner Through: Mr. Rohit Shanker, Advocate with Mr. Rajeev Kumar, Advocate.

versus PRADEEP KUMAR KAPOOR ..... Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.01.2017 Present contempt petition has been filed alleging wilful disobedience of the orders dated 23rd December, 2011, 29th February, 2012 and 27th April, 2012 passed in CS(OS) 3331/2011 whereby respondent was directed to maintain status quo with respect to property bearing No. BM 131, Ground Floor, West Shalimar Bagh, New Delhi.

Learned counsel for the petitioner states that despite the aforesaid status quo order, respondent in 2016 by fraud sold the property to petitioner. In the opinion of this Court, as the civil suit is still pending, petitioner should file an application therein bringing to the notice of the Court the alleged fraud. In any event, issue of fraud cannot be adjudicated upon in a contempt petition.

With the aforesaid liberty, present contempt petition and application are disposed of.

MANMOHAN, J JANUARY 17, 2017 js