Lehna Singh vs Balwan Singh And Ors
2023 Latest Caselaw 20389 P&H

Punjab-Haryana High Court

Lehna Singh vs Balwan Singh And Ors on 23 November, 2023

Author: Sanjeev Prakash Sharma

Bench: Sanjeev Prakash Sharma

                                                        Neutral Citation No:=2023:PHHC:149613




402           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                2023:PHHC:149613
                                                COCP-2645-2021 (O&M)
                                                Date of Decision: 23.11.2023

Lehna Singh                                                    ...Petitioner

                                         Vs.

Balwan Singh and others                                        ...Respondents


CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present       None for the petitioner.

              Mr. Yashveer Kharb, Advocate and
              Mr. Rahul Sharma, Advocate for the respondents.
                         ***

SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner by way of this contempt petition has alleged

violation of order dated 08.01.2021, passed by the learned Addl. District

Judge, Sonipat, in an appeal filed against the dismissal of application under

Order 39 Rules 1 and 2 CPC.

2. The remedy for implementation of order impugned in the

contempt petition is execution in terms of the provision of the Code of Civil

Procedure. However, without availing the said remedy, the present contempt

petition has been filed before this Court.

3. The question whether the decree passed by the Court has been

executed or not itself cannot be gone into in contempt petition. Question

regarding its violation would also have to be decided on facts in terms of the

provisions contained under order 39 Rule 2-A of CPC. However, without

availing such remedies, filing of contempt petition for implementation of

judgment passed in appeal or in civil proceedings, in the opinion of this Court

would not lie.

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COCP-2645-2021 (O&M) [2] 2023:PHHC:149613

4. The contempt petition is wholly misconceived and is dismissed

accordingly while leaving it open to the petitioner to avail his remedy in

accordance with law.

5. Notices stand discharged.

(SANJEEV PRAKASH SHARMA) JUDGE

23.11.2023.

rajesh

1. Whether speaking/reasoned? : Yes/No

2. Whether reportable? : Yes/No

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