Smt. Santosh Shukla And 5 Others vs Irshad And 2 Others
2016 Latest Caselaw 3272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2875 of 2016
 

 
Applicant :- Smt. Santosh Shukla And 5 Others
 
Opposite Party :- Irshad And 2 Others
 
Counsel for Applicant :- Rohit Sharan Tomar
 

 
Hon'ble Manoj Misra,J.

The applicants filed a suit in which an interim injunction was granted by order dated 24.9.2013 against which the other side went up in appeal and the appeal was allowed, the order dated 24.9.2013 was set aside and the matter was remanded back. Against the appellate court's order dated 27.5.2015, application under Article 227 No. 3315 of 2015 was filed and this Court had passed an interim order dated 13.7.2015 staying the effect and operation of the appellate court's order dated 27.5.2015.

The grievance of the applicants is that despite the interim order passed by this Court, the opposite parties have altered the status quo and, therefore, they are guilty of contempt.

As by the order passed by the appellate court, the trial court order directing the status quo was set aside, there was merger of the order passed by the trial court in to the order of the appellate court, therefore, it would not revive without a specific direction from the superior court. As this Court had not directed the parties to maintain status quo, it cannot be said that if status quo has been violated, the opposite parties have been guilty of contempt of this Court.

Under the circumstances, the contempt application is disposed of with liberty to the applicants to seek appropriate direction in the pending application under Article 227 No. 3315 of 2015.

Order Date :- 31.5.2016

Arvind