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HIGH COURT OF RAJASTHAN
SUDESH BANSAL
SANTOSH KUMAR SHARMA – Appellant
Versus
BHAGWATI SINGH – Respondent
CR/56/2017
CONTEMPT OF COURT - INTERIM STAY ORDER - DISOBEDIENCE - APPLICATION UNDER ORDER 39 RULE 2A CPC - SUIT DECREED - APPLICATION NOT DISPOSED OF AS INFRUCTUOUS - APPLICATION MAINTAINABLE AND TO BE DECIDED ON MERITS
Fact of the Case:
A suit for permanent injunction was filed along with an application for temporary injunction. Interim stay orders were passed to maintain status quo. An application under Order 39 Rule 2A CPC was filed alleging disobedience of the interim stay orders. The application was pending when the suit was decreed. The petitioner moved an application to dispose of the contempt petition as having become infructuous, but it was dismissed by the trial court. The petitioner filed a revision petition against the order.
Finding of the Court:
The court held that the contempt petition filed under Order 39 Rule 2A CPC alleging disobedience of the interim stay orders is required to be decided on merits and the trial court has not committed any illegality or jurisdictional error in not disposing of the contempt petition as having become infructuous merely on account of deciding the suit finally.
Issues: Whether the contempt petition filed under Order 39 Rule 2A CPC alleging disobedience of the interim stay orders is required to be decided on merits even though the suit has been decreed?
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court in Kanwar Singh Saini Vs. Delhi High Court [(2011) 4 CCC 294 (SC)] to hold that an application under Order 39 Rule 2A CPC is maintainable and can be entertained for disobedience of the interim stay order during course of pendency of the suit.
Final Decision: The court dismissed the revision petition filed by the petitioner and directed the trial court to proceed and decide the pending Civil Misc. Case No.1/2022 filed under Order 39 Rule 2A CPC expeditiously and preferably within a period of one year from the date of receipt of copy of the order.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 172/2022
In
S.B. Civil Revision Petition No.133/2017
Santosh Kumar Son Of Late Shri Kashi Nath Sharma, Resident Of Barwara
House Servant Quarters, Civil Lines, Ajmer Road Jaipur, Rajasthan.
----Petitioner
Versus
Smt. Shakuntala Singh Wife Of Shri Harender Singh, R/o 6/8 Barwara House
Colony, Civil Lines, Ajmer Road, Jaipur, Rajasthan.
----Respondent
Connected With
S.B. Civil Revision Petition No. 56/2017
Santosh Kumar Sharma, S/o Late Shri Kashi Nath Sharma, R/o 21-D, Behind
Servant Quarters, Barwara House, Civil Lines, Ajmer Road, Jaipur
----Petitioner
Versus
Bhagwati Singh S/o Shri Rao Bahadur Raja Man Singh, R/o Barwara, Distt.
Sawai Madhopur Rajasthan
----Respondent
Smt. Hema Sharma W/o Shri Sudhanshu Sharma D/o Santosh Kumar
Sharma, resident of behind D-21, Servant Quarters, Barwada House, Civil
Lines, Jaipur
----Proforma Respondent
For Petitioner(s)
:
Mr. R K Mathur, Sr. Advocate assisted
by Mr. Ram Prasad Sharma
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
03/01/2023
1.
Heard learned senior counsel for petitioner and perused the
record.
2.
S.B. Civil Revision Petition No.133/2017 was dismissed by
this Court vide Order dated 15.09.2022, taking note of the fact
that original contempt petition pending before the trial court was
abated. An application No.172/2022 has been filed stating inter
alia that as a matter of fact the original contempt petition was
abated in respect of S.B. Civil Revision Petition No.56/2017 and
therefore, by recalling order dated 15.09.2022, revision Petition
(2 of 5)
[CMAP-172/2022]
No.56/2017 titled Santosh Kumar Sharma Vs. Bhagwati Singh be
dismissed as withdrawn and the S.B. Civil Revision Petition
No.133/2017 be decided on merits.
3.
Taking into consideration the contentions made hereinabove,
with the consent of counsel for petitioner & without recalling the
order dated 15.09.2022, the revision petition No.133/2017 has
been heard on merits.
4.
It appears that respondent Smt. Shakuntala Singh had
instituted a civil suit for permanent injunction against the
petitioner Santosh Kumar Sharma along with application for
temporary injunction. In the application for temporary injunction,
filed under Order 39 Rule 1 & 2 CPC, interim stay orders dated
15.04.2005/19.05.2005 were passed to maintain status quo.
Thereafter, respondent-plaintiff filed one application under Order
39 Rule 2A CPC on 04.05.2005 alleging inter alia that interim stay
orders dated 15.04.2005 and 19.05.2005 have been flouted and
therefore, the anti status quo position as delineated in the report
of Court Commissioner dated 15.04.2005 be restored as well as
petitioner be suitably punished for disobedience of the interim stay
order. The application under Order 39 Rule 2A CPC is pending and
yet to be decided finally on merits.
5.
It appears that during pendency of application under Order
39 Rule 2A CPC, application for temporary injunction was decided
vide order dated 22.01.2007, thereafter, the original suit
No.193/2009 itself was decreed vide judgment dated 03.08.2010.
It has been informed that petitioner has challenged the judgment
and decree dated 03.08.2010 by way of filing civil regular first
appeal No.377/2010 before the High Court which is yet pending.
(3 of 5)
[CMAP-172/2022]
6.
Since the application filed by respondent under Order 39
Rule 2A CPC for disobedience of the interim stay order dated
15.04.2005 remained pending, though the original suit was finally
decided by judgment dated 3.8.2010, therefore, petitioner moved
application to dispose of the contempt petition filed under Order
39 Rule 2A CPC as having become infructuous, in view of deciding
the suit finally. It was urged by the petitioner that the interim stay
order dated 15.4.2005 for which disobedience was alleged, has
merged in the final decree dated 3.8.2010
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