- (1.) I.A. No.8978 of 2013 has been filed by the respondents with a prayer to initiate a contempt proceeding under Section 11 and 12 of the Contempt of Courts Act against General Manager, Kathara C.C.L. because the appellant has willfully and deliberately violated the order dated 12.11.2013 passed by this Hon'ble Court.
(2.) It is contended that after going through the report of Nazir, this Court vide order dated 12.11.2013 has ordered both the parties to maintain status quo. It was also indicated in the order that delivery of possession of the portion of the suit property given to the decree holder shall remain in their possession and the judgment debtor shall not disturb their possession. It is pointed out that the appellants, by deploying their armed security guards, have compelled the decree holder to go away from the suit property handed over to them in pursuance of part execution of writ of delivery of possession and the appellant has been forcibly occupying and utilising those portion of the suit land.
(3.) On the other hand, the appellant has filed reply to I.A. No.8978 of 2013 stating therein that report of Nazir with regard to delivery of possession is simply a paper work. In fact, no portion of the suit property was ever given in possession to the decree holder by the Nazir in presence of the officers of the appellant company. As a matter of fact, the nature of the suit property is not the same today, as indicated in the schedule of the plaint. The suit property is consist of office building of the appellant company, where officers, staffs and clerks are working. There are railway tracks and road being used by the appellant for the purpose of transportation of coal.;