Shailendra vs Mohanprakash
2023 Latest Caselaw 11761 MP

                                                         1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                     CONTEMPT PETITION CIVIL No. 2632 of 2019

                           BETWEEN:-
                           1.    SHAILENDRA S/O CHANDRASHEKHAR PANDYA,
                                 AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
                                 AND KRISHI 56, BHERU KI GALI, BHAGSIPURA,
                                 UJJAIN (MADHYA PRADESH)

                           2.    RAJENDRA KUMAR S/O CHANDRASHEKHAR
                                 PANDYA, AGED ABOUT 62 YEARS, 2, BEGAMPURA,
                                 UJJAIN (MADHYA PRADESH)

                           3.    KU. GAYATRI D/O CHANDRA SHEKHAR PANDEYA,
                                 AGED ABOUT 58 YEARS, 56, BHERU KI GALI,
                                 BHAGSIPURA, UJJAIN (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI SAJID IQBAL ANSARI - ADVOCATE FOR THE PETITIONERS)

                           AND
                           1.    MOHANPRAKASH S/O PURUSHOTTAM VYAS,
                                 AGED    ABOUT    66  YEARS, OCCUPATION:
                                 PATRAKAR A-10, MACHNA COLONY, SHIVAJI
                                 NAGAR, BHOPAL (MADHYA PRADESH)

                           2.    PARNTER    RAKESH AGRAWAL S/O LATE
                                 KANHAIYALAL AGRAWAL M/S R.K. DEVELOPERS
                                 403, PREMIUM TOWER-5, SHALIMAR TOWNSHIP,
                                 AB ROAD, INDORE (MADHYA PRADESH)

                           3.    RAKESH AGRAWAL S/O LATE KANHAIYALAL
                                 AGRAWAL,    AGED    ABOUT    60   YEARS,
                                 OCCUPATION: VYAPAR 403, PREMIUM TOWER-5,
                                 SHALIMAR TOWNSHIP, AB ROAD, INDORE
                                 (MADHYA PRADESH)

                                                                              .....RESPONDENTS


                                 Reserved on   :- 10.07.2023

Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 27-07-2023
10:18:56
                                                                            2
                                 Pronounced on :- 26.07.2023
                                 .......................................................................................................
                                 This petition having been heard and reserved for orders coming on for
                           pronouncement           this      day, HON'BLE JUSTICE PRANAY VERMA
                           pronounced the following:-
                                                                            ORDER

This petition under Section 12 of the Contempt of Courts Act, 1971 has been preferred by the petitioners/plaintiffs alleging breach / violation of order dated 31.10.2018 passed in W.P. No.5069/2015 whereby the parties were directed to maintain status-quo with respect to the suit property. The aforesaid

order in the Writ Petition was passed in a matter arising out of an injunction application filed before the trial Court which had been allowed by it which order had been set aside in appeal.

2. During pendency of this petition, the Civil Suit which was R.C.S. No.103-A/2021 in the Court of Sixth Civil Judge, Senior Division, District Ujjain has itself been dismissed by judgment and decree dated 31.10.2022. Since the civil suit out of which the writ petition and this contempt petition had arisen has itself been finally decided/dismissed and since the subject matter of the writ petition and this contempt petition is related to grant of temporary injunction, in the facts and circumstances of the case, I do not deem it fit and appropriate to proceed with the present contempt petition as the same would serve no purpose whatsoever as the rights and title of the parties have already been finally adjudicated upon.

3. In view of the aforesaid, I am not inclined to proceed further with this contempt petition, which is accordingly disposed off.

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-07-2023 10:18:56

(PRANAY VERMA) JUDGE Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 27-07-2023 10:18:56