ARVIND SINGH SANGWAN
Jaspal Singh – Appellant
Versus
Imanbir Singh Dhaliwal – Respondent
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. This is an unfortunate and ill advised litigation in which the petitioner is praying for initiation of contempt proceedings against two serving judicial officers, without there being any fault on their part.
2. Though, the petitioners has not attached the plaint with the contempt petition, however the facts as gathered from the order dated 22.02.2023 passed in CR No. 1184 of 2023, would reveal that one M/s. Omaxe Chandigarh Extension Developers Private Limited (hereinafter to be referred to as ‘the plaintiff’) has filed a suit for specific performance of an agreement to sell against the petitioners/defendants (wrongly described as plaintiff in the memo of parties). The plaintiff has filed a suit for specific performance of an agreement to sell dated 21.03.2015, qua the land of the petitioners measuring 28 Kanals 18 Marlas in Village Bansepur, District S.A.S. Nagar, Mohali, on the basis of some assignment agreement.
3. The order further reveals that the suit came up for the first time before the Civil Judge (Jr. Division) on 28.11.2018 and an ex-parte injunction was granted on 14.12.2018. Since the application under Order 39 Rules 1 and 2 CPC could
Misuse of contempt petitions against judicial officers and the availability of remedies such as appeals under the Judges (Protection) Act, 1985.
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