[2025:RJ-JD:38244]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civ. Contempt Pet. No. 35/2018 Smt. Bhanwari Devi W/o Deeparam Mali, Resident Of Bera Badarli, Sojat City, Tehsil Sojat, District Pali Raj.

----Petitioner Versus

1. Shobha Devi D/o Sh. Kunaram, W/o Shri Balkishan

2. Kanta Devi W/o Sh. Kailash Parihar

3. Premprakash S/o Shri Devaram

4. Rameshwar S/o Shri Devaram

5. Laxman S/o Shri Devaram, All By Caste Mali, Resident Of Sojat City, Tehsil Sojat, District Pali Raj.

----Respondents For Petitioner(s) : Mr. V.R Choudhary For Respondent(s) : Mr. Manvendra Bhati HON'BLE MS. JUSTICE REKHA BORANA

Order

27/08/2025

1. The present contempt petition has been filed alleging disobedience of order dated 19.08.2010 passed in S.B. Civil Misc. Appeal No.903/2010. Vide interim order dated 19.08.2010, status quo regarding the land in question was directed to be maintained.

2. The case of the petitioner (defendant No.2) is that despite interim order dated 19.08.2010 being in operation, the land in question has been sold out by respondent No.4 (plaintiff No.4) vide sale deed dated 13.12.2010 which is in total disobedience of the interim order.

3. The facts as admitted on record are that a civil suit for cancellation of sale deed was filed on behalf of the plaintiffs against Sohanlal (defendant No.1) and Bhanwari Devi (defendant No.2), the present petitioner on the premise that 4/5^th portion of the land of ownership of defendant No.1 Sohanlal was sold out to the plaintiffs and only 1/5^th portion remained in his Khatedari. The said 1/5^th portion was subsequently acquired by the Government and hence, no land infact remained with Sohanlal. However, vide sale deed dated 13.04.1993, the alleged 1/5^th portion of the land was sold out to defendant No.2 Bhanwari Devi. A prayer for cancellation of the said sale deed was therefore made.

4. In the said suit, application under Order 39 Rules 1 & 2, CPC was filed on behalf of the plaintiffs which stood dismissed vide order dated 12.08.2010. Aggrieved of order dated 12.08.2010, S.B. Civil Misc. Appeal No.903/2010 was filed. In the said appeal interim order dated 19.08.2010 was passed, directing to maintain status quo regarding the land in question.

5. Learned counsel for the petitioner submits that sale deed dated 13.12.2010 has been executed by respondent No.4 in clear breach of order dated 19.08.2010.

6. This Court is of the clear opinion that no disobedience of order dated 19.08.2010 can be made out. Evidently, interim order was qua the ‘land in question’ and that too, in an appeal filed by the respondents. The ‘land in question’ in the present matter was defendant No.1 Sohanlal to defendant No.2 Bhanwari Devi. The Sohalal to plaintiffs/present respondents.

7. Admittedly, vide sale deed dated 13.12.2010, the land out of the said 4/5^th share has now been sold out by respondent No.4. The same definitely cannot be termed to be a part of the ‘land in question’.

8. No case of contempt is made out and the contempt petition is hence, dismissed

9. Rule stands discharged.

(REKHA BORANA),J

235-Devanshi/-