JUDGEMENT
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(1.) HEARD learned counsel for the petitioners and respondents-contemnors.
(2.) THIS contempt petition arises out of interim order dated 17.05.2006 passed by a Coordinate Bench of this Court, in which the challenge laid to the order passed by learned S.D.M. under Section
145 Cr.P.C., as Coordinate Bench of this Court granted interim order that till further orders, the status quo as it exists today with respect to
disputed property shall be maintained.
Mr. C.R. Jakhar, learned counsel for the petitioners submitted that despite this stay order, the learned S.D.M. has passed
the impugned order on 19.05.2010 lifting the attachment of the
disputed property handed-over the same to the respondents, which is
in breach of this Court order.
3. A perusal of the impugned order dated 19.05.2010 passed by the S.D.M. does not indicate that factum of passing of
status quo order by this Court on 17.05.2006 was ever brought
brought to the notice of the learned S.D.M. Learned counsel for the
petitioners, however, submitted that it was so brought to the notice of
the learned S.D.M. He also submitted that the revision petition was
also filed against the said order of S.D.M. and upon revision petition
having been allowed, the said order was set aside; and against which
the respondents have filed a revision petition before this Court, which
is pending consideration. The case number is not available with him
readily.
(3.) MR . I.S. Pareek, learned counsel for the respondent No.2, Sugan Singh (concerned SHO, PS.- Dechu, Tehsil Shergarh, District:
Jodhpur) submits he was only discharging his duties in pursuance of
the order of learned S.D.M. and, therefore, he has not committed any
deliberate breach of Court's directions.;
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