Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.2(3),S.94(c)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.2(3),S.94(c)

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)-------O. XXXIX, R. 2(3) & S.94(c)---Specific Relief Act (I of 1877), Ss.42 & 54---Temporary injunction---Disobedience---Plaintiffs filed suit for declaration and permanent injunction wherein they moved application for grant of temporary injunction restraining the defendant from raising construction on the disputed Khasra number---Suit was dismissed by the Trial court; however, the said application was allowed by the Appellate Court---Plaintiffs-petitioners submitted application against the defendant-respondent for initiating contempt of court proceedings on the ground that he had violated the status quo order of the Appellate Court but the same was dismissed---Validity---Non-compliance of order/failure to comply with order of the court could be remedied/penalized under the relevant provisions of Civil Procedure Code---Nothing was on record to show that defendant-respondent had violated the order of the Appellate Court because report of the bailiff regarding continuation of the construction on the suit Khasra number by the defendant-respondent had been turned down by the court who issued temporary injunction on the ground that in the said report no Khasra number had been mentioned over which the construction had been made---Defendant-respondent in his application stated that he was raising construction on another Khasra number which had been purchased by him through mutation and he had stopped the construction over the suit-land in compliance of the order of the court---Application for initiating contempt proceedings against the defendant-respondent had rightly been rejected---Revision was dismissed. Nazir Muhammad Khan for Petitioners. Nemo for Respondents being motion case. Date of hearing: 9th May, 2013. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This Revision Petition has been directed against the judgment/order dated 6-3-2013 passed by the learned Additional District Judge-V, Nowshera whereby the application filed by the petitioners/plaintiffs for initiating contempt of court proceedings against Akhlaq Hussain Siddiqui respondent/defendant has been dismissed being not maintainable. 2. Facts of the case precisely are…

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