IMPORTANT POINT
The proceedings under Order 39 Rule 2-A CPC are quasi-criminal in nature, and willful disobedience must be proved beyond a shadow of doubt.

JUDGMENT :

Virender Singh, J.

Applicant Shanta Devi has filed the present application, under Order 39 Rule 2A CPC, read with Section 151 CPC, for passing appropriate orders, against the non-applicants for violating/flouting the orders, passed by this Court in CMP No. 10914 of 2020, on 5.8.2021.

2. The application has been filed on the ground that the applicant has preferred the present appeal, which was admitted by this Court, on 12.10.2020, on the following substantial questions of law:

i) Whether impugned judgments and decrees are the result of total misreading and mis appreciation of the evidence, oral and documentary, adduced on record by respective parties?

ii) Whether the learned trial Court and first appellate Court have dis-regarded the mandate of Order 20 Rule 5 CPC by clubbing the issues No. 1 to 4 despite the fact that the same were independent of each other?

3. According to the applicant, alongwith the said appeal, she has filed CMP No. 10914 of 2020, under Order 41 Rule 5 and Order 39 Rules 1 and 2 CPC, read with Section 151 CPC, for staying operation and execution of judgment and decree, dated 15.1.2019. The order dated 1.3.2021, passed in CMP No. 10914 of 2020 is reproduced as under:

“By way of instant application, filed under Order XLI Rule 5 and Order XXXIX Rules 1 and 2 CPC read with Section 151 CPC, prayer has been made on behalf of appellant for staying the operation and execution of judgment and decree dated 15.1.2019, passed by learned Additional District Judge-I, Kangra at Dharamshala in Civil Appeal No. 31-D/XIII/2018, restraining the non-applicants from interfering in the suit land, in any manner, whatsoever. Learned counsel for the respondents prays for and is granted three weeks’ time to file reply to the application.

In the meanwhile, parties to the lis are directed to maintain status quo qua the nature and possession of the suit property.”

4. The said application has ultimately been decided by this Court on 5.8.2021, by passing the following order:

“By way of instant application filed under Order 41 rule 5 and Order 39 Rule 1 & 2, read with Section 151 CPC, prayer has been made on behalf of the applicant for staying the execution and operation of the impugned judgment and decree dated 15.01.2019, passed by learned Additional District Judge-I, Kangra at Dharamshala, in Civil Appeal No.31-D/XIII/2018 and restraining the non-applicants/respondents from interfering in the suit land, in any manner. Since, despite sufficient opportunities, no reply has been filed to the aforesaid application, judgment as detailed hereinabove, passed by learned Additional District Judge-I, Kangra at Dharamshala, is stayed and during the pendency of appeal, parties are directed to maintain status quo qua nature and possession of the suit property. Alteration/Vacation/Modification on motion. Application stands disposed of.”

5. It is the further case of the applicant that the subject matter of the lis is joint between the parties, alongwith co-sharers, whereas, non-applicant No. 1 is adamant in nature and has no respect for law. He has raised construction of new house, cow shed and bathroom, over the land comprising khasra Nos. 805 and 803, in which, applicant is stated to be co-sharer. This has been done by non-applicant No. 1, despite the specific order, qua the suit property, passed by the learned trial Court.

5.1 Not only this, non-applicant No. 1 is stated to have violated the orders, passed by this Court on 5.8.2021, and again started construction over the already constructed structure.

5.2 According to the applicant, the said order has been violated by non-applicant No. 1 intentionally and willfully. Alongwith the application, photographs have also been annexed.

6. When, put to notice, the application has been contested by non-applicant No. 1. However, factual position, as asserted in the application, has not been disputed, regarding filing of the appeal, as well as, passing of the status quo order, dated 1.3.2021.

6.1 So far as th