Taini Khan vs Gurpartap Singh And Others
2023 Latest Caselaw 300 P&H

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           COCP No.307 of 2019 (O&M)
                                            Date of decision: 09.01.2023

Taini Khan
                                                              ....Petitioner
                                  Versus
Gurpartap Singh and others
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Paramjit Batta, Advocate for the petitioner.

Mr. Kanwaljit Singh, Sr. Advocate with Ms. Rishika, Advocate for the respondents.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for violation of the order dated

15.10.2004 vide which the parties were directed to maintain status quo

regarding the possession.

The case as set up by the petitioner is that the petitioner

has filed a suit that he has leased out the land in dispute, on which he

has constructed a house and the defendant/landlord are interfering in

the same. The suit was dismissed by the trial Court vide judgment dated

06.03.2003 and the appeal was also dismissed by the Lower Appellate

Court vide judgment and decree dated 29.07.2004. The petitioner

preferred an RSA before this Court, in which the aforesaid order is

passed to maintain status quo regarding the possession as it exists today

i.e. on 15.10.2004 when the order was passed.

The present contempt petition has been filed in the year

2019 i.e. after a lapse of 15 years, alleging that the respondents are

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interfering in the possession and a passage leading from Khasra

Nos.265 to 268 is demolished.

Learned senior counsel for respondents No.2, 4 and 5 has

stated at Bar that the petitioner is still residing in the house, which was

constructed and his status is that of a licensee.

In view of the statement made by learned senior counsel

for respondents No.2, 4 and 5, no violation of the order dated

15.10.2004 is made out.

Accordingly, the present contempt petition is disposed of

with liberty to the petitioner to approach the contempt court for

grievance, if any.

(ARVIND SINGH SANGWAN) JUDGE

09.01.2023 yakub

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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