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2023 Supreme(Del) 3370

CHANDRA DHARI SINGH
Anjay Kalra – Appellant
Versus
State – Respondent


Advocates appeared:
Mrs. Kajal Chandra, Ms. Prerna Chopra, Ms. Sakshi Anand and Mr. Divye Puri, Advocates, for the Petitioner.
Mr. Darpan Wadhwa, Senior Advocate with Ms. Ruby Singh Ahuja, Mr. Varun Khanna, Mr. Akshay Aggrawal, Mr. Vasu Singh, Ms. Megha Dugar, Ms. Neelakshi Bhadauria and Ms. Aditi Mohan, Advocates, for the LRs-1 and 4.
Mr. Harish Malhotra, Senior Advocate with Mr. Rajiv Bahl, Advocate, for the LR-5/Ms. Priya Jain.
Mr. Rajeev Mehra, Senior Advocate with Mr. Amol Sharma, Advocate, for the Respondent-3 and 4 in CCP(O) 11/2022.

JUDGMENT

Chandra Dhari Singh, J.

CCP(O) 11/2022

1. The instant contempt petition under Section 10 and 12 of the Contempt of Courts Act, 1971 read with Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (hereinafter "CPC") has been filed on behalf of the respondent no. 5, Priya Jain, who has been referred to as the "petitioner" for the sake of convenience of adjudication of the instant petition, against the alleged contemnors seeking the following reliefs:

    "a) punish respondents/contemnors for willful disobedience of the order dated 14.11.2014 passed by this Hon'ble Court in Test. Cas.54 of 2014 by putting them in civil imprisonment and attaching their properties; and

    b) direct the Contemnors to purge the contempt by restoring status quo ante in respect of the charge on the subject properties, i.e., F-89, Okhla Industrial Estate, Phase III, New Delhi, and 229, Okhla Industrial Estate Phase III, New Delhi; and/or

    c) pass any such other or further orders' as deem fit and proper in the interest of justice;"

BACKGROUND

2. The captioned Testamentary Case has been filed by one Sanjay Kalra, seeking probate of purported Will dated 11th December 2004 of Devender Kumar Jain who passed away

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