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SUDESH BANSAL
Santosh Kumar – Appellant
Versus
Shakuntala Singh – Respondent
ORDER :
Sudesh Bansal, J. - Heard learned senior counsel for petitioner and perused the record.
2. S.B. Civil Revision Petition No.133/2017 was dismissed by this Court vide Order dated 15.09.2022, taking note of the fact that original contempt petition pending before the trial court was abated. An application No.172/2022 has been filed stating inter alia that as a matter of fact the original contempt petition was abated in respect of S.B. Civil Revision Petition No.56/2017 and therefore, by recalling order dated 15.09.2022, revision Petition No.56/2017 titled Santosh Kumar Sharma v. Bhagwati Singh be dismissed as withdrawn and the S.B. Civil Revision Petition No.133/2017 be decided on merits.
3. Taking into consideration the contentions made hereinabove, with the consent of counsel for petitioner & without recalling the order dated 15.09.2022, the revision petition No.133/2017 has been heard on merits.
4. It appears that respondent Smt. Shakuntala Singh had instituted a civil suit for permanent injunction against the petitioner Santosh Kumar Sharma along with application for temporary injunction. In the application for temporary injunction, filed under Order 39, Rule 1 & 2 CPC, interim
A tribunal cannot vacate an interim order in contempt jurisdiction that was granted in an original application without proper procedure.
The court established that contempt proceedings can be adjudicated independently of the main suit, ensuring that violations of interim orders are addressed appropriately.
Contempt jurisdiction should be reserved for matters that bring the administration of justice into contempt or unduly weaken it, and parties should not skip over effective alternative remedies and re....
Importance of complying with court orders and limited role of the appellate court in interfering with the impugned order.
Once a suit is dismissed, any interim order merges into the final order, rendering applications under Order 39 Rule 2-A non-maintainable.
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
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