Gurmit Singh vs Harvinder Singh - 2023 Supreme(P&H) 1381

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1381

ALKA SARIN
Gurmit Singh – Appellant
Versus
Harvinder Singh – Respondent

Advocates appeared:
For the Parties : Mr. Surinder Thakur, Mr. Naveen Batra

Table of Content
1. revision petition against civil imprisonment. (Para 1)
2. arguments on possession interference. (Para 2 , 3)
3. status quo and injunction orders. (Para 5 , 6)
4. lack of evidence for contempt. (Para 7 , 8)
5. orders set aside due to insufficient evidence. (Para 9)

Judgment

Mrs. Alka Sarin, J.

The present revision petition has been preferred against the impugned orders dated 19.01.2017 and 15.03.2014 allowing the application under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 (CPC) and directing the defendant-petitioner herein to undergo civil imprisonment for a period of one month.

2. Learned counsel for the defendant-petitioner would contend that there is not an iota of evidence on the record that the defendant-petitioner had interfered in the possession of the plaintiff-respondent in any manner.

3. Per contra, learned counsel for the plaintiff-respondent has contended that the defendant-petitioner in his cross-examination had admitted the plaintiff-respondent to being in possession and that it amply stood proved that the defendant-petitioner had interfered in the possession.

4. Heard.

5. In the present case the present suit for permanent injunction was filed by

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