SAIDA Vs. ABDUL GAFOOR
LAWS(UTN)-2012-5-21
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on May 01,2012

Saida And Ors. Appellant
VERSUS
Abdul Gafoor And Ors. Respondents

JUDGEMENT

- (1.) Heard Mr. Sharad Sharma, the learned senior counsel assisted by Mr. Anirudha Joshi, the learned counsel for the applicant and Mr. A.K. Sharma, the learned counsel alongwith Mr. Rajendra Singh, the learned counsel for the respondent nos. 1, 2, 3, 6 & 7 and Mr. Lok Pal Singh the learned counsel for the respondent nos. 4 & 5. The present contempt application has been filed against an interim order of this court dated 10.10.2002 passed in Writ Petition No. 732 of 2002 (M/S). For facility, the said order is extracted hereunder- Heard. Send for lower court record. Operation of impugned order under challenge in the writ petition shall remain stayed. Order dated 03.10.2002 is modified accordingly.
(2.) The applicant contends that the opposite parties have willfully disobeyed the interim order by selling the land in question.
(3.) The facts leading to the filing of the contempt application is, that during consolidation proceedings under Section 9(A)(2) of the Consolidation Act, an objection of the applicant was decided in her favour holding that the land in question belongs to the applicant and that the objection of the respondent nos. 1, 2 & 3 alleging that they are the owners of the land in question was rejected. An appeal was filed, which was dismissed and the order of the consolidation authority was affirmed. In revision, the order of the consolidation authority and the order of the Settlement Officer, Consolidation was set aside and the matter was remitted back to the consolidation authority to decide the matter afresh. The applicant, being aggrieved by the order of the revisional authority filed Writ Petition No. 732 of 2002 (M/S), in which an interim order dated 10.10.2002 was passed which-has been quoted aforesaid.;


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