CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Itwar Singh – Appellant
Versus
Gram Panchayat Achhoti – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks enforcement of court's permanent injunction. (Para 1 , 2) |
| 2. arguments presented on contempt petition's maintainability. (Para 5 , 6) |
| 3. court emphasizes distinction between contempt and execution. (Para 8 , 10 , 14) |
| 4. conditions for initiating contempt proceedings clarified. (Para 9 , 11 , 12 , 13) |
| 5. court dismisses contempt petition with directions. (Para 16) |
1. Invoking contempt jurisdiction of this Court under S.12 of the Contempt of Courts Act read with Art.215 of the Constitution of India this contempt petition has been filed complaining, non - compliance of judgment and decree for injunction dated 02/02/2007 passed by the First Civil Judge Class - II, Durg in matter of Itwar Singh and Another v. Gram Panchayat Achhoti and Others, granting decree for permanent injunction in favour of applicant / plaintiff and restraining the respondent No. 2 / contemnor and other defendants therein from interfering with his peaceful possession.
2. The applicant herein Itwar Singh and Rohit Kumar instituted a Civil Suit No. 34 - A / 2006 before the jurisdictional Civil Court (First Civil Judge Class - II, Durg) for seeking declaration of their title and permanent
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