JUDGEMENT
-
(1.) IN challenge is the judgment and order dated 2.1.2014 passed in S.B.Civil Writ Petition No.21573/2013 dismissing the same. The writ
petitioner is in appeal.
(2.) WE have heard Dr.Prakash Chandra Jain, learned counsel for the appellant/writ petitioner.
The recorded facts reveal that the pleaded case of the appellant/writ petitioner is that he had purchased a plot of land bearing
No.38, Indira Colony, Bazariya, Sawaimadhopur vide registered sale deed
dated 15.1.2007, and is in possession thereof. The respondents No.2 & 3
instituted a suit against him on the basis of an agreement of sale dated
6.2.1997, and the same came to be decreed by the judgment and decree dated 28.11.2011. Aggrieved by the verdict, the appellant/writ
petitioner has preferred an appeal before this Court as S.B.Civil First
Appeal No.3/2012. By order dated 5.1.2012, the learned Single Judge,
after hearing the learned counsel for the parties, passed the following
order: -
" Heard. Both the parties shall maintain status -quo as its today and no further alienation shall be made regarding the plot in dispute."
(3.) THE appellant/writ petitioner has alleged that inspite of the above interim order, the respondents have, in violation thereof, forcibly
dispossessed him from the land involved and have started raising
construction thereon, even without obtaining necessary permission under
Section 194 of the Rajasthan Municipalities Act, 2009 (for short,
hereafter referred to as 'the Act'). The appellant/writ petitioner has
stated that being aggrieved, meanwhile, he has filed an application
under Order 39 Rule 2A of the Code of Civil Procedure (for short,
hereafter referred to as 'the Code') read with Section 10/12 of the
Contempt of Courts Act, 1971, on which a notice has been issued by this
Court on the respondents on 12.9.2013.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.