CLCON/546/2017
2021 Latest Caselaw 1420 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 8TH DAY OF APRIL, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 546 of 2017

BETWEEN:

Smt. Lajwanti.                                  ....Petitioner
     (There is no representation for the petitioner)

AND:
Rakesh and others.                            ...Respondents
     (There is no representation for the respondents)


                       JUDGMENT

This Contempt Petition has been filed for alleged violation of interim order dated 03.12.2012 passed in Second Appeal No. 133 of 2012, whereby respondents were directed not to create any third party interest or change the nature of the property.

2. It is an admitted position that Civil Suit filed by the petitioner was dismissed by trial Court and the regular First Appeal filed by him was also dismissed by Ist, Additional District Judge, Haridwar. The order, violation whereof has been alleged, has been passed in a Second Appeal, which is continuation of the suit.

3. Thus, this Court is of the considered opinion that petitioner has a remedy of filing appropriate application under Order 39 Rule 2-A of C.P.C.

4. In such view of the matter, Contempt Petition is closed, with liberty to petitioner to approach the appropriate forum for filing appropriate application under Order 39 Rule 2-A of C.P.C.

5. Contempt notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Arpan