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High Court of Punjab and HaryanaCOCP/4808/2018dismissed

Daya Ram v. Arvind Kumar And Another

2020-02-04Mr. Justice Surinder Gupta2 pages

COCP-4808-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Contempt of Court Petition No.4808 of 2018 (O&M) Date of Decision: February 04, 2020 Daya Ram ......PETITIONER(s).

VERSUS

Arvind Kumar, Assistant Sub Inspector and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Perdhuman Yadav, Advocate for the petitioner (s).

None for respondent No.1.

Mr. Rao Ajender Singh, Advocate for respondent No.2.

******* SURINDER GUPTA, J.

Heard.

Vide order dated 25.10.1994 passed in RSA No.1899 of 1994, "stay dispossession" was ordered to be maintained. Thereafter, this order was modified on 19.04.1995 and parties were directed to maintain status quo.

Plea the petitioner is that he is still in possession of the suit property but the respondents are threatening to dispossess him in connivance with the police and on the complaint of petitioner, an FIR was registered on 23.11.2014 against respondents for interfering in his possession.

SACHIN MEHTA 2020.02.05 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh

COCP-4808-2018 -2Learned counsel for the petitioner submits that respondents have been acquitted in that FIR and the possession at the spot is still with the petitioner.

Keeping in view the above fact, I find no deliberate violation of the order 19.04.1995 passed in RSA No.1899 of 1994 for continuing with this petition. Order directing the parties to maintain status quo has not been violated. Admittedly, plea of petitioner that respondents had interfered in his possession has been disbelieved while acquitting the accused in FIR got registered by him.

This petition has no merits. Dismissed.

( SURINDER GUPTA ) February 04, 2020 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2020.02.05 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh