CLCON/298/2011
2021 Latest Caselaw 574 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
           ON THE 1ST DAY OF MARCH, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        CONTEMPT PETITION No. 298 of 2011


 BETWEEN:

 Smt. Poonam Chauhan.                            ....Petitioner
        (By Mr. Ramji Srivastava, Advocate)


 AND:

 Smt. Kusumlata and others.                   ...Respondents
        (By Mr. Neeraj Garg, Advocate for respondent no. 1)


                         JUDGMENT

This Contempt Petition has been filed under Section 12 of Contempt of Courts Act, alleging willful disobedience of the order dated 31.03.2011 passed by Civil Judge (Senior Division), Dehradun in Original Suit No. 186 of 2011 and also the order dated 28.06.2011 passed by Co-ordinate Bench of this Court in A.O. No. 206 of 2011.

2. By the order dated 31.03.2011, learned trial Court had restrained the defendants from creating any third party interest over the suit property. The defendants filed an Appeal from Order against the said order and the Co-ordinate Bench of this Court had stayed further proceedings in Original Suit No. 186 of 2011.

3. Learned counsel appearing for respondent no. 1 submits that the Contempt Petition has become infructuous on two counts. Firstly, the plaint of Original Suit No. 186 of 2011 has been rejected on an application filed under Order 7 Rule 11 C.P.C. and, secondly, respondent no. 1, who had executed sale deed through respondent no. 1, has passed away on 29.11.2015.

4. Learned counsel for the petitioner does not dispute this submission made on behalf of learned counsel for respondent no. 1.

5. In view of subsequent events, this Court is of the considered opinion that nothing survives in the Contempt Petition.

6. Accordingly, the Contempt Petition is closed.

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

(MANOJ KUMAR TIWARI, J.) Arpan