Law: Civil Procedure Code (V of 1908)

Section: 32

Contempt of Court Act (IV of 2003)--- ----Ss.3 4---Civil Procedure Code (V of 1908), O.XXI, R.32---Contempt of Court---Execution of decree/decree-holder initiated contempt proceedings against respondents to execute his decree---Validity---Neither in application any specification was given with reference to any particular construction nor the same as given in plaint, in which decree was passed---Decree passed by Lower Appellate Court and maintained by High Court could be executed under O.XXI, R.32 C.P.C.---Order of High Court was implemented / executed on 13-10-2015, when report was submitted by Revenue authorities, therefore, no further application could be submitted to Deputy Commissioner---High Court directed Deputy Commissioner and Station House Officer of Police Station not to proceed further on application filed by applicant/decree-holder, as no further process could be initiated / launched against respondent--- High Court restrained applicant / decree-holder from initiating frivolous applications as both parties could seek proper redressal under O.XXI, R.32, C.P.C.---Application for contempt of court was dismissed, in circumstances. JUDGMENT MUHAMMAD NAEEM ANWAR, JUSTICE:---.---- This order in the instant petition / C.O.C No.679-P/2018 shall also decide C.O.C No.852-P/2018 not because that parties in both the petitions / applications are same but also arising out of the decision in Civil Revision No.683-P/2003. 2. Through this C.O.C No.679-P/2018, the petitioner seeks the initiation of contempt of Court proceedings against respondent No.1 for not obeying the order / direction of this Court, rendered in Civil Revision No.683-P/2003. The background of said Civil Revision was that a suit for perpetual injunction, instituted by Noor Wazir Khan and others against Muhammad Azam and another, was dismissed by the learned trial Court, against which, the appeal was allowed and suit was decreed. When the judgment and decree of the learned appellate Court was assailed before this Court through Civil Revision No.683-P/2003, this Court on 15.09.2003, dismissed the revision petition, the operative part of judgment is as under:- “Accordingly with the consent of the…

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