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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Deepa Kumari – Appellant
Versus
Narain Dass – Respondent
| Table of Content |
|---|
| 1. procedural history of suit, injunctions, and contempt proceedings (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. parties contend on proof of injunction violation (Para 12 , 13) |
| 3. witness evidence on alleged land digging and demolition (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. petitioner's evidence discredited due to bias and defects (Para 24 , 25) |
| 5. order 39 rule 2a demands strict proof of violation (Para 26) |
| 6. willful disobedience proven beyond mere non-compliance (Para 27 , 28 , 29 , 30) |
| 7. article 227 limits re-appreciation of evidence (Para 31 , 32) |
| 8. petition under article 227 dismissed (Para 33) |
JUDGMENT :
Romesh Verma, J.
The present petition arises out of the order passed by learned Additional District Judge(1), Mandi, H.P. in CMA No. 16 of 2018, titled Narain Dass & others vs. Deepa Kumari, decided on 29.11.2018, whereby the appeal preferred by the present respondents was allowed and order passed by the learned Civil Judge (Junior Division), Court No.4, Mandi, H.P., was reversed, whereby the learned Trial Court had found the present respondents guilty of committing an offence punishable under Order 39 Rule 2-A of the Code of Civil Proced
Order 39 Rule 2A CPC requires strict proof of willful disobedience of injunction as penal provision; High Court under Article 227 refrains from reappreciating evidence absent perversity or grave inju....
Failure to comply with an interim order must be deliberate for civil contempt; mere procedural compliance suffices to dismiss claims of willful disobedience.
An injunction order loses its efficacy upon the transfer of a case to a tribunal with jurisdiction, rendering subsequent actions not contemptuous.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
Second appeals under CPC S.100 do not permit re-appreciation of evidence; concurrent findings upheld absent perversity or substantial question of law. Adverse possession claim fails without rebutting....
Quasi-criminal proceedings under Order 39 Rule 2-A CPC require proof beyond doubt of willful injunction disobedience; appellate courts cannot reverse trial credibility findings absent perversity, esp....
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