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2015 Supreme(Online)(Chh) 136

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Itwar Singh – Appellant
Versus
Gram Panchayat Achhoti – Respondent


Advocates:
For the Appellants/Petitioners: Shri. Praveen Dhurandhar
For the Respondents: Shri. Ajay Shrivastava

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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