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Judgment
These appeals are directed against interlocutory order dated 27.09.2019 passed by the learned Single Judge of this Court in S. B. Civil Contempt Petition No. 1212/2019, which reads as under:
"Learned counsel for petitioner submits that there was a restrained order as against the respondent for raising any new construction over the suit property by this Court in SB Civil Second Stay Application No. 1976/2019 in SB Civil First Appeal No. 175/2018 on 28th May, 2019. In spite thereof, the construction has been continuing and was completed by the respondent-contemnor setting up a marriage garden fully constructed.
Issue notice of the writ petition as well as stay application, returnable within two weeks.
In the meanwhile, the Commissioner of Police, Jaipur shall issue directions to seal the concerned property situated at Paanigran Marriage Garden, Bhawani Singh Road, Jaipur. A report to this effect shall be submitted before this Court on the next date.
List this case on 16th October, 2019."
Appeal No. 22/2019 has been filed by Mohan Singh Tada. Mr. Rajendra Prasad, learned Senior Counsel appearing on behalf of the appellant-Mohan Singh Tada in that appeal submitted that the aforesaid order has been passed by the learned Single Judge without affording any opportunity of hearing to the appellant or else he would have explained that he has not raised any new construction after passing of restraint order dated 28.05.2019. It is submitted that the Court prior to passing of aforementioned restraint order in the first appeal had appointed an advocate as Commissioner, who submitted his report and the appellant has not raised any new construction of permanent nature than what has been described in the report of the Commissioner and he has only built certain temporary structure. Learned Senior Counsel submitted that the appellant had to file appeal because of non-availability of the learned Single Judge, to whom the matter has been assigned, till 14.10.2019. He submitted that the appellant has booked the disputed property for functions on 04.10.2019 and 09.10.2019 and therefore, the disputed property may not be sealed for the purpose of organisation of aforesaid functions.
Appeal No. 21/2019 has been filed by one Gaurav Singh contending that he had booked the disputed property which was being run as a marriage garden, for the purpose of his prewedding ceremony, which is scheduled to take place on 04.10.2019 and for that purpose, he would occupy the same on 03.10.2019. The time gap between today and 04.10.2019 is so short that it is not possible for him to arrange the ceremony at any other appropriate location.
Mr. R. K. Agarwal, learned Senior Counsel appearing on behalf of the respondent submitted that the appellant, Mohan Singh Tada has violated the order passed by this Court in First Appeal No. 175/2018 on 28.05.2019. He has raised additional construction not only of temporary nature but also of permanent nature, in breach of aforesaid order. The learned Single Judge was therefore persuaded to pass the order of extra-ordinary nature in the facts of the present case. He, however, submitted that due to time constraint, he would have no objection in allowing the appellant Gaurav Singh to enter the disputed premise from 03.10.2019 and to hold his pre-wedding function on 04.10.2019 but he would object to any other function being permitted to be held till the main matter is heard by the learned Single Judge on 16.10.2019, the next date already fixed in the contempt petition.
Having heard learned Senior Counsel appearing on behalf of the parties and regard to the facts of the present case, both the appeals are disposed of in the terms that the disputed property situated at Paanigrah Marriage Garden, Bhawani Singh Road, Jaipur shall not be sealed by the Commissioner of Police, Jaipur and the appellant Gaurav Singh shall be permitted to enter the disputed premise on 03.10.2019 and hold his pre-wedding function on 04.10.2019. However, the appellant Mohan Singh Tada is restrained from permitting organisation of any other function/reception/pre-wedding function on the disputed premises till specific permission is granted by the learned Single Judge either in the contempt petition or in the main first appeal, except pre-wedding function of appellant Gaurav Singh scheduled on 04.10.2019.
Stay Application No. 4101/2019 and 4102/2019 stand disposed of. All the interim applications filed in both the appeals also stand disposed of.
Office is directed to place a copy of this judgment on record of Appeal No. 21/2019.