JUDGMENT :

Suneet Kumar, J.

In Re: Restoration application No. 24 of 2019

This is an application seeking recall of the order dated 4.12.2018.

Application is allowed.

The order dated 4.12.2018 is recalled.

In Re: Contempt Petition

1. Heard the learned counsel for the applicant.

2. The instant contempt petition has been filed for violation of the injunction order dated 8.9.2006 passed in Second Appeal No. 871 of 2002.

3. Since disputed questions of fact are involved, which cannot be gone into in contempt jurisdiction. Applicant has remedy under Order 39 Rule 2(A) of the Code of Civil Procedure. This Court in contempt jurisdiction would decline to return finding on disputed questions of fact.

4. Reference may be made in this regard to a decision of this Court dated 18.09.2013 passed in Contempt Application (Civil) No. 4384 of 2013, wherein similar issue fell for consideration. The order dated 18.09.2013 reads thus:

"Heard learned counsel for the applicant.

This application under Section 12 of the Contempt of Courts Act, 1971 (for short the 'Act') has been filed to punish the opposite parties for alleged willful disobedience of temporary injunction order dated 27.2.2006 passed by the Civil Judge (