The court established that contempt proceedings can be adjudicated independently of the main suit, ensuring that violations of interim orders are addressed appropriately.

ORDER

1. The writ petition lays challenge to the order dated 06.10.2021, passed by the learned Senior Civil Judge, Sumerpur, District Pali (hereinafter referred to as 'the trial Court').

2. The facts narrated in brief runs as under:-

2.1 The plaintiff (respondent herein) instituted a suit for injunction along with an application under Order XXXIX Rules1 and 2 of the Code of Civil Procedure, which application came to be disposed of by the trial Court vide order dated 19.10.2010.

2.2 When the suit reached at the fag end - at the stage of final hearing, the present petitioner-defendant filed an application dated 13.08.2021 under Order XXXIX Rule 2A of the Code and requested the trial Court to first conclude the proceedings of contempt against the plaintiff, which he had filed with the assertion that the plaintiff had violated the interim order passed by the trial Court.

2.3 The petitioner's said application has been rejected by the trial Court vide its order dated 06.10.2021, inter alia, observing that the suit is at the stage of final hearing and the suit is more than 10 years old and thus, the same is required to be decided without waiting for the fate of the contempt petition.

3. Mr. Jamwant Gurjar, learned counsel for the petitioner contended that if the suit is finally decided, the pending contempt petition filed by the petitioner would be rendered infructuous and hence, it was required of the trial Court to have decided the contempt petition before finally deciding the suit.

4. Having heard learned counsel for the petitioner, this Court does not find any reason to interfere in the present writ petition, in which petitioner has sought to challenge the order dated 06.10.2021, whereby petitioner's request to decide contempt petition before deciding the suit has been turned down.

5. Indisputably, the suit in question had been instituted by the respondent - plaintiff in the year 2010 and the same is pending for final hearing in which petitioner - defendant has taken more than four adjournments for arguments.

6. So far as petitioner's contention that the contempt petition filed by him is required to be decided prior to disposal of the suit is concerned, suffice it to observe that the adjudication of contempt petition is not dependent upon the decision of the suit. If the plaintiff has violated the interim order passed by the trial Court, the same deserves to be and required to be decided by the trial Court on the basis of the pleadings and evidence led in this regard. Mere decision of suit does not wipe out the effect of violation, if any.

7. Hence, this Court does not find any jurisdictional error warranting interference in exercise of its extraordinary jurisdiction under Article 226/227 of the Constitution of India.

8. The writ petition, therefore, fails.

9. The stay application also stands disposed of accordingly.