JUDGMENT :

Surinder Singh, J. (Oral)

The instant appeal has been preferred by the appellant, hereinafter referred to as the petitioner, feeling aggrieved and dissatisfied by the order passed by the learned District Judge in CMA No.401 of 2007, decided on 5.8.2011, whereby the application preferred by the petitioner under Order 39 Rule 2-A of the Code of Civil Procedure alleging defiance, was dismissed.

2. Record of the learned Court below was called for and the matter was heard on admission.

3. The perusal of the record shows that CMA No.6 of 2007 was preferred by the petitioner, before the learned District Judge. Vide order dated 13.6.2007, the learned District Judge ordered to maintain status quo qua the nature and possession of the suit property till disposal of the main suit pending trial between them before the learned trial Court with a further direction to the respondent to remove the debris excavated during the construction of the retaining wall in the path within a fortnight from the date of passing the order. According to the petitioner, the debris was not removed within time and was still lying on the spot, as such made a request to detain the respondent in civil prison as a