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2002 Supreme(All) 1068

S.N.SRIVASTAVA
Padam Prakash – Appellant
Versus
Ved Pal Sachiv Krishi Utpadan Mandi Samiti Saharanpur – Respondent


Advocates Appeared:
Ashok Mehta, B.D.Madhyan,

JUDGMENT

1. S. N. Srivastava, J. The petitioners instituted this civil contempt petition for the alleged willful flouting of order passed by this Court on 23-12-1988 in F. A. F. O No. 452 of 1988.

2. The facts draped in brevity are that by means of judgment dated 28-4-1988, the application for temporary injunction 6c-2 was allowed and defendants were restrained from taking possession of the property forcibly without observing in compliance the due procedure prescribed under the law. The present applicant moved an application seeking vacation of stay order dated 23-12-1988. Acting on this application, this Court passed following orders: "meanwhile parties are directed to maintain status quo".

The case figured in the cause-list on 19-8-2002 on which date a mention was made on behalf of Sri Ashok Mehta, learned Counsel for the petitioners to adjourn the case and to take it up on 21- 8-2002. The case was called out on 21-8-2002 but he was conspicuous by his absence. In the first round, the case was passed over to be taken up the revised list apparently not to appear to be harsh and to afford one more opportunity to learned Counsel for the petitioners. The case was again taken up in the re








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