ANAND PRAKASH AGARWAL Vs. CANTONMENT EXECUTIVE OFFICER, CANTONMENT ROAD AND ORS.
LAWS(ALL)-2016-3-183
HIGH COURT OF ALLAHABAD
Decided on March 01,2016

ANAND PRAKASH AGARWAL Appellant
VERSUS
Cantonment Executive Officer, Cantonment Road And Ors. Respondents

JUDGEMENT

- (1.) Heard Sri P.N.Saxena, senior Advocate on behalf of appellant, Sri Prashant Mathur on behalf of the Cantonment Board, Meerut is present.
(2.) The facts leading to the present contempt appeal are:
(3.) The contemnor-appellant as power of attorney holder of one Smt. Pushpa Devi filed Original Suit No. 581 of 1994 seeking a permanent injunction only for restraining the Cantonment Board from demolishing the bungalow, which had been constructed over the property more appropriately described as bungalow no. 210-B, West End Road, Meerut Cantt, Meerut. No other relief was prayed in the said suit. A temporary injunction application was also filed and this application came to be rejected by the Trial Court vide order dated 6.4.1995. Not being satisfied the contemnor-appellant filed First Appeal From Order before the High Court being FAFO No. 298 of 1995, Smt. Pushpa Devi and others Vs. Cantonment Board, Meerut through its Executive Officer and another. In the said appeal, the appellant described himsef to be the power of attorney of one Smt. Pushpa Devi. In the First Appeal From order, an interim order was granted by the Division Bench of this Court on 13.4.1995, which reads as follows: " Sri A K Sinha has accepted the notices on behalf of respondents No.1 and 2. he prays for and is granted three weeks time to file counter affidavit. Appellant will have one week thereafter to file rejoinder affidavit. List this appeal immedaitely after expiry of aforesaid period. meanwhile, parties are directed to maintain status quo with regard to bungalow No. 210-B, West End Road, Meerut Cantt. Appellants shall also not raise any further construction nor respondents shall demolish any construction.";


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