[Cites 2, Cited by 0]
Punjab-Haryana High Court
Avtar Singh vs Amandeep Singh And Others on 18 April, 2026
COCP-2997
2997-2024 (O&M) -11-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
206 COCP
COCP-2997-2024 (O&M)
Date of Decision: 18.04.2026
Avtar Singh .... Petitioner
Versus
Amandeep Singh and others .... Respondents
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: - Mr. AS Gagrha, Advocate for the petitioner.
Respondents No. 1 to 6 are present in person with
Mr. Amardeep Singh Mann, Advocate
Advocate.
(through V.C.)
NIDHI GUPTA, J. (ORAL)
1. The present contempt petition has been filed alleging
violation of order dated 22.12.2023 (Annexure P
P-3) passed by the learned
Additional Civil Judge (Senior Division),, SAS Nagar, Mohali
Mohali.
2. On the last date of hearing i.e. 25.03.2026,, following order
has been passed by this Court:-
Court:
"CM-3220-CII-2025
Prayer in this application is for placing on record the
final order on application under Order 39 Rule 1 CPC as
Annexure R-3.
The application is allowed subject to all just
exceptions and the aforesaid order is taken on record as
Annexure R-3.
COCP-2997-2024
Present contempt petition has been filed alleging
violation of order dated 22.12.2023 (Annexure P P-3)
3) passed
by the learned Additional Civil Judge (Sr. Divn.), SAS
Nagar, Mohali in Civil Suit No.1125 of 2023 titled as "Avtar
Singh vs. Amandeep Singh and others", wherein it was
directed as follows :-
"...Heard on exparte ad ad-interim
interim injunction. The
application under order 39 Rule 1 and 2 CPC is duly
supported by an affidavit, copy of Jamabandi for the
COCP-2997
2997-2024 (O&M) -22-
year 2016-17,
17, copy of sale deed, copy of latha, copy of
site plan and copy of Aadhar Card.
Thus, in order to ensure the right of the plaintiff
is not violated and also, to balance the rights of the
defendants and to maintain equity, the parties are
directed to maintain the status quo regarding the
existing position of the suit property and throwing of
waste/sewerage water of their house, constructed over
below mentioned suit property/l
property/land
and as depicted in site
map...."
It is submitted by learned counsel for the petitioner
that in blatant violation of the above said status quo
direction, the respondents are not only releasing sewerage
water into the land of the petitioner but are also raising
construction thereupon. In this regard, learned counsel for
the petitioner has referred to the photographs (Annexure P P-
5). It is further pointed out that the petitioner had also
moved an application under Order 39 Rules 1 and 2 CPC,
which was allowed
owed by the learned trial Court vide order
dated 17.1.2025 (Annexure R R-3)
3) thereby confirming the
initial stay granted vide order dated 22.12.2025. Learned
counsel refers to the said order and submits that even vide
order dated 17.1.2025, it has been direct directed
ed
that "...Accordingly, the present stay application stands
allowed with directions to defendants No.1 to 6 to refrain
from discharging the water of their house towards the fields
of plaintiff and they are further directed to keep the window
in question covered
ered till the final decision of the case..."
case...".
Learned counsel submits that despite the above said
order, the respondents continue to raise the construction as
evident from the photographs (Annexure R R-1). It is pointed
out that the construction depicted at gground round level in
photographs (Annexure P-5) 5) is shown to be at lintel level in
photographs (Annexure R-1).
Learned counsel for the respondents submits that he
has no instructions with regard to the submissions made by
learned counsel for the petitioner.
In view
ew of the same, let the respondents be present in
person before the Court on the next date of hearing.
Adjourned to 18.4.2026.
18.4.2026."
3. In compliance of the order dated 25.03.2026
6 reproduced
above, all the respondents are present in person in Court.
4. Learned counsel for the respondents appearing through V.C.
submits that there is no violation of the order dated 22.12.2023 (Annexure
P-3)
3) passed by the learned Additional Civil Judge (Senior Division), SAS
COCP-2997
2997-2024 (O&M) -33-
Nagar Mohali,
Mohali as the said order stood modified by the learned Additional
Civil Judge (Senior Division), SAS Nagar Mohali
Mohali,, vide order dated
17.01.2025 (Annexure R-3).
R . Relevant extract of which reads as follows:
follows:-
"xxx xxx xxx
5. ....Though defendants no. 1 to 3 and plaintiff are
co-sharers but they cannot take advantage of their wrong
activities in the garb of principle that no injunction order can
be granted against co-sharers
sharers especially when the other
co-sharers
sharers is in exclusive possession of particular area.
Accordingly, the present stay application stands allowed with
directions to defendants no. 1 to 6 to refrain from
discharging the water of their house towards the fields of
plaintiff and they are further directed to keep the window in
question covered till final decision of the pr
present case."
5. It is, therefore, submitted that order dated 22.12.2023
(Annexure P-3)
P 3) stood merged with the order dated 17.01.2025.. As such,
there is no violation or willful disobedience of the order Annexure P
P-3.
6. Learned counsel for the petitioner vehemently controverts
that submissions and points out that from the perusal of photograph
(Annexure P-5),
P 5), it is clear that the respondents had raised construction in
August, 2024 at the site.
7. Learned counsel for the respondents again opposes the
aforesaid submission of learned counsel for the petitioner and submits that
the said construction, if any, was raised by the respondents after
17.01.2025.
8. Learned counsel for the petitioner points out that that present
contempt petition was filed on 23.08.2024
23.08.2024 and the photographs (Annexure
P-5),, therefore, are exactly prior
prio to that.. As such, the respondents have
violated that order dated 22.12.2023 (Annexure P
P-3).
9. I have heard learned counsel for the parties.
COCP-2997
2997-2024 (O&M) -44-
10. From the afore-noted
noted rival contenti
contentions
ons of learned counsel for
the parties, it is clear that there are disputed questions of facts involved in
the present dispute which cannot be ascertained by this Court.
Furthermore, respondents No. 1 to 6 who are present in person have
undertaken
n that they shall not release the sewerage water into the fields of
the petitioner and shall not open the window till the pendency of the main
suit.
11. Subject to the aforesaid undertaking of respondents No. 1
to 6, learned counsel for the petitioner submits that he may be permitted to
withdraw the instant petition, with liberty to the petitioner to take recourse
to the appropriate remedy, in accordance with law.
12. Permitted to do so.
13. Dismissed as withdrawn with the liberty aforesaid
aforesaid.
14. Rule stands discharged.
15. Pending application(s), if any, shall also stand disposed of.
18.04.2026
8.04.2026 ( NIDHI GUPTA )
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
