Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.379 of 2024
Decided on: 29th May, 2026 ------------------------------------------------------------------------------------- Karnail Singh and others
…..Petitioners
Versus
Rekha Devi and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Arun Kumar, Advocate vice
Ms. Vidushi Sharma, Advocate.
For the Respondents: Mr. Sanjay Jaswal, Advocate, for respondent No.1.
Mr. Tarun K. Sharma, Advocate, for respondents No.2 and 3.
Mr. Anshuman Thakur, Advocate, for respondents No.4 and 5. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
This contempt petition arises out of order dated 24.09.2018 passed in CWP No.2263/2018 (Karnail Singh and others Versus State of H.P. and others). Petitioners allege violation of the aforesaid order, whereby parties were
directed to maintain status quo as on date, i.e. 24.09.2018. Petitioners have placed on record copy of a registered sale
1 Whether reporters of print and electronic media may be allowed to see the order? Yes
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deed admittedly of the part of land subject matter of CWP No.2263 of 2018, executed on 26.03.2024 by respondent No.1-Rekha Devi in favour of respondent No.4-Sh. Ranjan Sharma S/o Sh. Bakhatawar Singh (respondent No.5).
2.
Execution and registration of sale deed has been admitted by the respondents in their respective replies. 2(i). In her defence, respondent No.1 has pleaded that she did not comprehend the true import of status quo
order that was directed to be maintained by the parties on 24.09.2018; She was a widow, aged 72 years. Her son-Sh. Kulbir Singh, aged 42 years, was suffering from severe liver and stomach related diseases, who died on 05.10.2023 after prolonged ailments. For his treatment, respondent No.1 had to take heavy loan amount from her relatives; Her other son is of unsound mind. Sh. Kulbir Singh-the deceased son of respondent No.1 has also left behind his widow and two children to feed with no one in the family employed anywhere. Under compulsion, she executed the sale deed on 26.03.2024 in favour of respondent No.4. That respondent No.1 did not intentionally violate the status quo
order, but on account of compelling circumstances and on account of her ignorance in comprehending the status quo
order, the sale deed was executed by her.
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2(ii). Respondents No.2 and 3 are the registering authorities. Their defence is of their ignorance of the status quo order prior to 03.04.2024. These respondents have pleaded that sale deed was executed & registered on 26.03.2024, which is otherwise an admitted position of the parties, whereas, application bringing to the notice of respondents No.2 & 3 the status quo order passed in CWP No.2263 of 2018, was moved on 03.04.2024, i.e. after the registration of sale deed.
To a query of the Court, learned counsel for the petitioner could not point out any document on record, which could lead to an inference about the petitioners having ever brought about the passing of status quo order to the notice of respondents No.2 and 3 prior to their registering the sale deed. 2(iii). Respondents No.4 and 5, who are father and son, have filed a common reply. In terms of the reply, these respondents have denied knowledge of status quo order having been passed in the writ petition. Significantly, respondent No.5 is respondent No.8 in the writ petition. It is not the case of respondent No.5 (father of respondent No.4) that he was not a party to the writ petition and therefore, not aware about the status quo order passed in
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the said writ petition. The common reply filed by respondents No.4 and 5 interestingly on the affidavit of respondent No.5 pleads that there was no restraint order in the revenue record concerning alienation of the property in question at the time of execution and registration of the sale deed.
During hearing of this petition, it was apprised by learned counsel for the parties that CWP No.2263 of 2018 is still pending adjudication and the interim order dated 24.09.2018 is still holding the field. Therefore, the pleadings in the reply of respondents No.4 & 5 on the affidavit of respondent No.5 about there being no restraint
order to their knowledge gets falsified. Be that as it may.
3.
At this stage, learned counsel for respondent No.1 expresses unqualified & unconditional apology of respondent No.1 and submits that respondent No.1 shall diligently abide by all the orders passed by the Court from time to time. Learned counsel appearing for respondents No.4 and 5 submits that respondent No.4, who has purchased the subject property from respondent No.1, shall not alienate the same any further during the pendency of the writ petition. That he will also not create any encumbrances, change etc., whatsoever, over the property.
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That status quo regarding the property as was directed to be maintained under order dated 24.09.2018 in CWP No.2263 of 2018 shall be maintained by respondent No.4.
The above recourse is acceptable to learned counsel for the petitioners.
4.
In view of the statements and assurances given by learned counsel for the respondents, more particularly respondents No.1, 4 and 5, taking a lenient view of the matter, these contempt proceedings are dropped. Notices issued to the respondents are discharged. Respondents are
directed to remain vigilant in future. Any further misadventure on their part shall be taken very seriously. Pending miscellaneous application(s), if any, also stand
disposed of.
Jyotsna Rewal Dua May 29, 2026
Judge Mukesh