Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.(2)(3),2(3),2B,1,O.XXXVII,r.2, 3

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.(2)(3),2(3),2B,1,O.XXXVII,r.2, 3

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1, 2(3) & 2-B---Interim injunction, grant of--Violation of injunction---Application for contempt of court---Trial Court granted ad interim injunction restraining the defendants from alienating the suit land---Plaintiff, after about 8 months from grant of interim injunction, submitted an application under O.XXXIX, R.2(3) for initiating contempt of court proceedings against defendants to the effect that in spite of the prohibitory orders the defendants had violated the order of the court and had raised construction over the land in dispute---Trial Court came to the conclusion that the plaintiff had failed to prove any violation of the injunctive orders and dismissed the application of the plaintiff---Appellate Court maintained orders passed by the Trial Court---Validity---Perusal of record had revealed that no violation of the said order had been proved on the data available on record---Statutory period of injunctive order was six months according to R.2-B of O.XXXIX, C.P.C.---Contempt application was filed by the petitioner after about 8 months from passing of said order; in circumstances, neither injunctive order was existing at the time of moving the contempt of court application by the petitioner nor the alleged violation had been proved on the record of the case---Orders of the two courts below were just, based on equity and were in consonance with the established principles of appreciation of evidence which called for no interference. Syed M. Shah Jehan Shah and others v. Fazale Rehman and 45 others 1996 CLC 1572 and Gul Haider v. Dr. Asad Zia 2003 YLR 913 rel. Petitioner in person. ORDER MUHAMMAD ALAM KHAN, J.--- Dr. Taj Malook petitioner has called in question the judgment/order, dated 15-1-2007 of Additional District Judge-III and order, dated 23-11-2006 of Civil Judge-IV, Bannu vide which the petitioner's application submitted under Order XXXIX, rule (2)(3), C.P.C. for contempt and disobedience of the order dated 29-6-2005, allegedly committed by the respondents in Civil Suit No.127/1 of 2004 was dismissed. 2. Briefly narrated the facts of the case are that Taj Malook filed a civil suit against…

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