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1992 DIGILAW 390 (RAJ)

Rajasthan High Court v. Ram Gopal

1992-04-20

R.S.KEJRIWAL

body1992
JUDGMENT 1. - Smt. Bhagwati Devi w/o Shri Ram Kishore Khandelwal, resident of House No. 76, Opposite Govt. Press, Sardar Patel, Road, Jaipur, filed a suit for injunction against Shri Ram Gopal s/o Late Shri Badri Narain Khandelwal, r/o Late Shri Badri Narain Khandelwal, r/o House No. 75, opposite Govt. Press, Sardar Patel Road, Jaipur, in the Court of Shri B.L. Gupta, A.D.J. No. 3, Jaipur City, Jaipur. The said Court, vide its order dated 10.1.1991, passed injunction order against the defendant Ram Gopal. The defendant Ram Copal filed an appeal before this Court which was registered as Misc. Appeal No. 143/91. This Court after hearing counsel for the parties, rejected the appeal vide order dated 22.10.1991. However, this Court observed thatin case the plaintiff fails, then he will have to pay Rs. 50/- p.m. to the petitioner as damages on account of injunction issued against the defendant." 2. On 20.2.1991, the plaintiff made a complaint before the A.D.J. No. 3, Jaipur City, Jaipur, for disobedience of the order dated 10.1.1991, passed by the said Court, on which after hearing learned counsel for both the parties, the said Court directed that the order dated 10.1.1991, be complied with by the Nazir. 3. Again on 30.11.1991, the plaintiff submitted an application before the said Court to issue 'Tehrir', for the compliance of order dated 7.3.1991. The said Court directed the Nazir to make compliance of the order dated 7.3.1991, and to put his report before the next date which was fixed as 19.12.1991. Later on, the file was transferred to the Court of A.D.J. No. 6, Jaipur City, Jaipur, before whom the defendant Ram Gopal, filed an application for injunction on 5.12.1991, which was dismissed by the said Court on 7.12.1991. Immediately, thereafter, the defendant filed this present contempt application. He also filed Miscellaneous Appeal No. 634/91, which was dismissed by this Court on 7.1.1992. The contempt application was heard on 13.3.92. Even after the dismissal of Civil Misc. Appeal No. 634/91, the petitioner continued his contempt application. The filing of the contempt application against the judicial-officers and plaintiff was with intent to pressurise and threaten them, which amounts to interference in the judicial proceedings before the said Courts. The contempt proceedings were started and continued with the legaladvice of Shri Vijay Singh Sharma Advocate. Appeal No. 634/91, the petitioner continued his contempt application. The filing of the contempt application against the judicial-officers and plaintiff was with intent to pressurise and threaten them, which amounts to interference in the judicial proceedings before the said Courts. The contempt proceedings were started and continued with the legaladvice of Shri Vijay Singh Sharma Advocate. Thus a notice of Contempt of Court be issued to Shri Ram Gopal defendant and also to his Advocate Shri Vijay Singh Sharma to show cause as to why they should not be punished for the same.Order accordingly. *******