Deendayal Biyani S/O Sh. ... vs Shri Jivan Khan, Chairman Nagar ...
2023 Latest Caselaw 2694 Raj/2

[2023/RJJP/003835]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 394/2021

                                        In

                 S.B. Civil Second Appeal No.356/2001

Deendayal Biyani S/o Sh. Goverdhan Das (Deceased),
1. Saroj Biyani W/o Vinod Kumar Age 73 years,
2. Deepak Biyani S/o Vinod Kumar Age 51 years,
3. Alok Biyani S/o Vinod Kumar, Age 47 years,
4. Jyoti Biyani D/o Vinod Kumar, Age 54 years,
5. Mr. Sanat Kumar Biyani S/o Deendayal Biyani, Age 71 years,
6. Akhilesh Biyani S/o Deendayl Biyani, Age 67 years,
All are R/o Mori ka Bas, Ward No. 31, Sikar, Rajasthan.
                                                                 ----Petitioners
                                    Versus
1. Shri Jivan Khan, Chairman Nagar Parishad, Sikar.
2. Shri Sharwan Kumar Bishnoi, Commissioner, Nagar Parishad
Sikar, Rajasthan.
3. Shri Ravindra Kumar, Executive Engineer, Nagar Parishad,
Sikar, Rajasthan.
4. Shri Vikas Kumar Mishra, Assistant Engineer, Nagar Parishad,
Sikar, Rajasthan.
                                                ----Respondent Contemnors

For Petitioner(s) : Mr. Zakir Hussain with Mr. Abdul Rauf For Respondent(s) : Mr. Shrawan Kumar Bishnoi, the then Commissioner, Nagar Parishad, Sikar, respondent No.2, present in person Mr. Ravindra Kumar Jain, Executive Engineer, respondent No.3, present in person Mr. Vikas Mishra, AEN, respondent No.4, present in person

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

08/03/2023

[2023/RJJP/003835] (2 of 2) [CCP-394/2021]

The respondents No.2, 3 & 4 have filed an application

tendering their unconditional apology. The application is supported

by their affidavit.

For the reasons stated in the application, the same is

allowed. The unconditional apology tended by the respondents is

accepted.

The contempt proceedings are closed as agreed by both the

parties on an understanding that no equity shall be claimed by the

respondents on account of construction of a boundary wall along

with iron gate around the subject property and in case the S.B.

Civil Second Appeal No.356/2001 is dismissed in favour of the

petitioners/respondents, no claim will be raised by the Nagar

Parishad, Sikar with regard to its cost.

The contempt petition is dismissed accordingly.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/34

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