Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Contempt of Court Act (LXIV of 1976), S.3---Demarcation of Khasra numbers---Non-compliance of court order---Contempt of court---Scope---Plaintiff filed suit for declaration to the effect that he had a wagon stand constructed over the land and defendants had no concern with his construction and the order passed by authorities about demolishing the construction of wagon stand in the year 1993 was illegal---Authorities made a statement that the disputed wagon stand was situated in a Khasra which did not belong to the department and therefore, it had no concern with it and after getting the demarcation of the concerned Khasra, they would not interfere in possession of the plaintiff---Trial Court dismissed the suit as withdrawn in the light of statement of the department---Plaintiff filed an application for contempt of court as the demarcation had not been followed to be made by either party---Trial Court decided the application in favour of plaintiff and attached the property of the department adjacent to. the disputed property till implementation of the order---Defendants filed appeals against the order of contempt of court passed by Trial Court, which was allowed and the Trial Court was directed to decide the contempt application afresh, after proper demarcation of the .disputed Khasras---Plaintiff asserted that the impugned order by Appellate Court was illegal as the Appellate Court itself could record the evidence and that trustworthy evidence of the plaintiff had not been properly appreciated---Validity---Appellate Court's direction that the demarcation to be made first of all was quite in consonance with the statement of the department in the suit in the year 1994 that demarcation should be sine qua non to the further relationship between the parties---Statement was accepted by the counsel of the plaintiff and the suit was. permitted to be withdrawn in the light of reciprocal commitments---Without resorting to the full-fledged demarcation of the disputed Khasras (adjacent to each other), it was impossible to determine the respective claims of the parties---No illegality or material irregularity had been shown to…

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