- (1.) Heard Sri Bhupendra Nath Singh, learned counsel for the applicant.
(2.) This contempt under Section 10 of The Contempt of Courts Act, 1971 has been filed for punishing the opposite parties for committing wilful/ deliberate disobedience of the judgment / decree dated 26.8.2008/ 10.9.2008 in Suit no.67 of 2007.
(3.) The applicant claiming himself to be a tenure holder in possession of Arazi no. 633/01 (Area 0.160 hectare) filed a suit for permanent prohibitory injunction i.e, O.S. no.67/2007 against the opposite parties, which upon contest was decreed in his favour on 26.8.2008, but as the decree was sought to be disobeyed, he filed Execution Case no. 3/08, which was dismissed on 28.8.2012 on the ground that the decree is being obeyed. It appears subsequently a dispute arose afresh when the opposite parties were compelling the applicant to remove the boundary wall from Arazi No. 633/01, else the same would be removed by O.P.'s no. 3 to 6, which was protested by the applicant on 25.7.2016 before the Collector/ the Superintendent of Police concerned in view of the judgement/ decree dated 26.8.2008, but as the same was not responded, on the contrary, the opposite parties threatened to demolish the boundary wall involving the use of a JCB Machine, the applicant has rushed to this Court under Section 10 of the Act.;