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2022 Supreme(Raj) 218

SUDESH BANSAL
Gopi Lal S/o Shri Kalyan Bux – Appellant
Versus
Govind S/o Mishri Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ravi Kumar Kasliwal.
For the Respondent: Mr. Shiva Panwar.

JUDGMENT :

SUDESH BANSAL, J.

In S.B. Civil Contempt Petition No. 558/2015:

1. Instant contempt petition has been filed alleging disobedience of stay order dated 28.05.2013 passed in S.B. Civil First Appeal No. 645/2009.

2. Learned counsel for petitioner submits that the petitioner filed civil suit for possession which has been decreed in his favour vide judgment dated 22.09.2009 and there against the non-applicant-Govind has filed first appeal. During course of first appeal, this Court passed the following order, protecting the right of the applicant to use the property in question as also to raise construction subject to certain observations, without affecting the rights of parties to be decided in the first appeal.

3. The order dated 28.05.2013 reads as under:

    “The stay petition has already been dismissed in the present case by order dated 28.02.2012. The application has been filed by the respondent contending that the appellant even after dismissal of the stay petition is creating obstruction in the use of the property though the suit was decreed in favour of the respondent.

It is therefore ordered that the appellant shall not interfere with the peaceful possession and use of the prope

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