Hem Raj Thakur vs Jai Prakash Thakur

Ajay Mohan Goel, J

This petition has been filed praying for initiation of action against respondent Jai Prakash Thakur, on the ground that the respondent-contemnor has willfully disobeyed the order passed by this Court dated 25.06.2019, passed in CMP No. 1963 of 2019, filed in RSA No. 105 of 2019.

Record demonstrates that vide order dated 25.06.2019, in a miscellaneous application filed alongwith the regular second appeal by the contemnor-applicant, an order was passed by the Court directing the parties to maintain status quo qua the nature and possession of the suit land. The allegation of the petitioner herein is that this order of status quo passed by the Court stands violated by the contemnor who carried out construction upon the disputed property after the passing of the status quo order by the Court.

Learned Counsel for the contemnor submits that status quo ante stands restored by the contemnor who tenders unconditional and unqualified apology for said act of his.

Having heard learned Counsel for the parties and taking into consideration the fact that status quo ante stands restored by the contemnor, this Court is refraining from taking any strict action against the contemnor by accepting the unconditional and unqualified apology tendered by him, but the contemnor is warned that, in case, in future, during the pendency of the appeal, he again indulges in such like acts, then the Court shall not show any leniency to him.

With these observations, the contempt proceedings are ordered to be closed. Notice discharged.