Calcutta High CourtCPAN/12/2023dismissed

Shri Mohan Lall v. Shri Hari Narayan

2023-04-18Hon'Ble Justice Krishna Rao2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CPAN/12/2023 Shri Mohan Lall ... Petitioner Vs.

Shri Hari Narayan Contemnor/ Respondent Mr. Ananda Halder ... for the petitioner April 18, 2023 [Bithika] Item No. 28 The petitioner has filed this instant Contempt application alleging that, the alleged Contemnor has violated the order passed by the Ld. Civil Judge, Junior Division-I at Port Blair dated 2nd February, 2023 vide order No. 22 in Other Suit No. 16 of 2018.

Mr. Ananda Halder, learned Counsel representing the petitioner submits that learned Civil Judge, Junior Division-I at Port Blair had passed an order by disposing an application filed under section 151 of the Code of Civil Procedure by directing the SHO, PS Pahargaon to act within the ambit of order dated 23rd January, 2023, in case, if thereby any disobedience of the status quo order by either of the parties. Mr. Ananda Halder, learned Counsel submits that in spite of the order of injunction, the plaintiff continued with the construction, but the SHO had not taken any steps in terms of order dated 2nd February, 2023. Considered the submission made by the learned Counsel for the petitioner.

Perused the order dated 2nd February, 2023.

Learned Civil Judge, Junior Division-I at Port Blair had directed the SHO, PS Pahargaon to see whether disobedience of the status quo order is committed by either of the parties. There is no such direction for filing any report by the SHO, PS Pahargaon or any consequential order thereto.

In view of the above, this Court finds that there is no deliberate and willful violation of order passed by learned Civil Judge, Junior Division-I at Port Blair dated 2nd February, 2023 by the Station House Officer, Pahargaon and as such no order can be passed in the instant contempt application.

Accordingly, CPAN No. 12 of 2023 is thus dismissed.

The order of dismissal will not debar the petitioner to take appropriate step before the learned Civil Judge, Junior Division-I at Port Blair if any occasion arose in further. (Krishna Rao, J.)