WPMS/3012/2022
2022 Latest Caselaw 3848 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                   COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPMS 3012/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Rakesh Thapliyal, Senior Advocate, assisted by Mr. V.K. Kaparuwan, Advocate for the petitioners.

It is contended by learned Senior Counsel for the petitioners that petitioners are not party to the civil suit, in which order of temporary injunction was passed. However, in the contempt proceedings initiated under Rule 2A of Order 39 CPC, petitioners have been impleaded as respondents. Thus he submits that contempt proceedings cannot be initiated against non-party to a suit.

In support of the above contention, reliance has been placed on a judgment rendered by Bombay High Court in the case of Mohiddin Basha Abdul Razak v. Municipal Corporation of Gr. Bombay & Others, reported in AIR 2001 Bombay 18, and also on the judgment rendered by a coordinate Bench of this Court in WPMS No. 663 of 2009.

Issue notice to the sole respondent returnable within four weeks.

Steps be taken by 2.12.2022. List on 17.2.2023.

Having regard to the facts and circumstances of the case, it is provided that petitioners shall be at liberty to apply for adjournment in Miscellaneous Case No. 39 of 2018 before the learned Trial Court and, if they make such an application, the same shall be considered till the next date of listing.

(Manoj Kumar Tiwari, J.) 30.11.2022 Pr