AKHTAR HOSSAIN Vs. AZIM SK

JUDGEMENT

(1.) On 10th March, 1980 Civil Rule No.2182 (W) of 1980 was obtained against an ex parte recording of Barga. At the time of issuing the Rule an interim order was made for the variation whereof there was an application which came up for hearing before me and on hearing the parties, on 29th September, 1980 after modifying the earlier interim order I had directed that status quo in respect of possession as on 10th March, 1980 should continue.

(2.) It has been alleged now that the contemnor-opposite-party with the aid, assistance and help of his followers, friends and others and even inspite of due knowledge and notice of the order for maintenance of status quo in respect of possession which was in favour of the petitioner, made interference with such possession and he has violated the order as made mala fide and without any justiciable cause or reason. The original of the affidavit-in-opposition as filed by the contemnor-opposite-party who was not present in the Court was also not in record. But Mr. Islam has placed a copy of the same and the statements contained therein have been considered.

(3.) After hearing Mr. Islam and considering the pleadings as available there is no room for any doubt that the contemnor-opposite-party, Azim Sk. Has deliberately and willfully violated the interim order of status quo as was issued and as such he must be dealt with suitably.