2024:CGHC:35760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 205 of 2024 • Smt. Malti Verma W/o Shri Ramlakhan Verma Aged About 45 Years R/o Village - Chandrakhuri, Thana And Tahsil - Sargaon, District-

Mungeli (C.G.) ... Petitioner versus

1. Sahibin Manikpuri W/o Late Shri Laldas Aged About 61 Years R/o Naya Bhatapara, Behind Jeevanmall Hospital Raipur, District Raipur (C.G.), Present Address - Nayapara Ward, Bhatapara, Thana And Tahsil Bhatapara, District Balodabazar-Bhatapara (C.G.),...

(Contemnors)

2. Yogesh Manikpuri S/o Late Shri Laldas Manikpuri Aged About 38 Years R/o Nayapara Ward, Bhatapara, Thana And Tahsil Bhatapara, District Balodabazar-Bhatapara (C.G.)

3. Durgesh Manikpuri S/o Late Shri Laldas Manikpuri Aged About 36 Years R/o Nayapara Ward, Bhatapara, Thana And Tahsil Bhatapara, District Balodabazar-Bhatapara (C.G.)

4. Paripurna Manikpuri D/o Late Shri Laldas Manikpuri Aged About 34 Years R/o Nayapara Ward, Bhatapara, Thana And Tahsil Bhatapara, District Balodabazar-Bhatapara (C.G.)

5. Babulal Manikpuri S/o Jhagrudas Aged About 56 Years R/o Village -

Chandrakhuri, P.O.-Baitalpur, Thana And Tahsil - Sargaon, District Mungeli (C.G.)

6. Ramayan Verma S/o Shri Manohar Verma Aged About 35 Years By Caste - Kurmi, R/o Chandrakhuri, P.O. Baitalpur, Thana And Tahsil-

Sargaon, District Mungeli (C.G.)

... Respondents For Petitioner : Mr. Rajendra Patel, Advocate.

For Respondents : Mr. A.L. Kuldeep, Advocate.

(Hon’ble Mr.Justice Narendra Kumar Vyas)

Order on Board

12/09/2024

1. The petitioner has filed this contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Order 39 Rule 2-A of CPC for initiating criminal proceedings against the respondents No.1 to 4 as they have not complied with the order dated 6-4-2017 passed by this Court in FA No 271 of 2015 whereby it is directed that the effect and operation of the impugned decree dated 10-08- 2015 passed by the learned Additional District Judge, Mungeli in Civil Suit No 58-A/2011 is stayed til the next date of hearing subject to furnishing security of Rs.25,000/- to the satisfaction of the trial Court within a period of 2 months from today for due performance of the decree ultimately to be passed against the appellant.”

2. Learned counsel for the petitioner would submit that looking to the act done by the respondents/contemnors, it appears that the respondents/contemnors are being acted in an arbitrary manner in violation and disregard to the direction of this Court. He would would further submit that the respondents/contemnors have acted in a deliberate and malafide manner so as to violate the order passed by this Court. He would further submit that the conduct of the respondents is contemptuous in nature, therefore, prayed for initiating contempt proceedings against the respondents.

3. On the other hand, learned counsel for the respondents would submit that the respondents have not disobeyed the order passed by this Court and the petitioner has alternative remedy available under Order 39 Rule 2-A of CPC for initiating proceeding of breach of injunction.

4. Considering the fact that since the petitioner has remedy of initiating proceeding under Order 39 Rule 2-A of Code of Civil Procedure as interim order in the First Appeal has been passed which is alleged to have been violated, the contempt petition is disposed of. However, liberty is granted to the petitioner to exhaust remedy available to him under Order39 Rule 2-A of CPC.

Sd/-

(Narendra Kuamr Vyas)

JUDGE Raju