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Judgment
This contempt petition under Article 215 of the Constitution of India read with Sections 10 and 12 of the Contempt of Court Act has been filed alleging
the violation of judgment and decree dated 20/10/2015 passed by Fourth Additional District Judge, Vidisha in Civil Appeal No.64-A of 2015.
It is the case of the petitioners that a suit was filed against the Municipal Council, Vidisha and District Collector, Vidisha for declaration of title and
permanent injunction. The said suit was dismissed by judgment and decree dated 26/06/2014 passed by Third Civil Judge, Class-I, Vidisha in Civil Suit
No.7A of 2013.
Being aggrieved by the said judgment and decree, the petitioners had filed a civil appeal which was allowed and a decree of permanent injunction was
passed against the Municipal Council, Vidisha as well as the Collector, Vidisha and they were restrained from constructing any public road on the land
in dispute.
It is submitted that earlier the Municipal Council Vidisha had tried to construct a road on the land in dispute and accordingly, the decree was put for
execution. It is submitted that now the respondents are trying to construct a public road on the land in dispute and, therefore, they have committed the
gross contempt of Court.
Heard the learned counsel for the petitioners.
It is not the case of the petitioners that the respondents have violated any order of this Court. It is the case of the petitioners that the respondents are
acting in violation of the decree passed by Fourth Additional District Judge, Vidisha in Civil Appeal No.64-A/2015. If the petitioners are of the view
that the respondents have flouted the decree passed by the Court below, then they have an efficacious ready of putting that decree in execution.
Accordingly, this Court is of the considered opinion that no case is made out for taking cognizance in the matter, with liberty that the petitioners may
avail a statutory remedy available to them. The contempt petition is dismissed.