[2025:RJ-JP:8324] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10939/2021 Gopal S/o Sh. Bhaunri Lal, R/o Pura Panneysingh, Tehsil Bonli, District Sawaimadhopur (Raj.) ----Petitioner Versus Arjun S/o Ramnarayan, R/o Pura Panneysingh, Tehsil Bonli, District Sawaimadhopur (Raj.). ----Respondent For Petitioner : Mr. Deepak Kumar Sharma, Adv. with Mr. Prashant Kumar Dubey, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 24/02/2025 1. The matter comes up on an application (I.A. No.1/2025) filed by the petitioner challenging the order dated 16.08.2021 passed by learned District Judge, Sawai Madhopur (hereinafter referred to as the 'Appellate Court') whereby learned Appellate Court while dismissing the Civil Misc. Case No.41/2018, upheld the order dated 18.08.2018 passed by the Civil Judge and Judicial Magistrate, Bonli, District Sawai Madhopur (hereinafter referred to as the 'trial Court') in Contempt Proceedings No.14/2016. 2. Brief facts of the case are that one Arjun filed a civil suit for permanent and mandatory injunction against the petitioner, in which an interim order was passed vide order dated 06.02.2016 passed by the trial Court against the petitioner to maintain status quo in the property in question and not to make any hindrance in the way of the plaintiff-respondent. The respondent moved an [2025:RJ-JP:8324] (2 of 3) [CW-10939/2021] application under Order XXXIX Rule 2-A of CPC against the petitioner to punish him for disobeying the order passed by the Court. Learned trial Court vide order dated 18.08.2018, disposed of the said application with the observation that the petitioner has disobeyed the order passed by the Court on 06.02.2016 and punished him for one month's civil imprisonment. 3. Aggrieved of the orders dated 18.08.2018 and 16.08.2021 the petitioner has preferred the present petition. During pendency of this petition, on 04.02.2025, the petitioner was arrested in compliance of the arrest warrants issued by learned trial Court vide order 18.08.2018 and since then, the petitioner is serving his sentence passed by learned trial Court. 4. Learned counsel for the petitioner submitted that the petitioner was arrested on 04.02.2025 and since then, he is behind the bars. Learned counsel further submitted that the petitioner is of 56 years of age and therefore, the period of civil imprisonment sentenced to the petitioner be reduced to the sentence already undergone by him. 5. Heard learned counsel for the petitioner and perused the material available on record. 6. Admittedly, the petitioner has been punished for one month's civil imprisonment by learned trial Court vide order 18.08.2018 and the petitioner is serving his sentence since 04.02.2025. 7. Considering the facts and circumstances of the case and the age of the petitioner, but without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the [2025:RJ-JP:8324] (3 of 3) [CW-10939/2021] application filed by the petitioner to reduce the sentence awarded to the petitioner. 8. Accordingly, the application is allowed in terms that the punishment of one month's civil imprisonment awarded agianst the petitioner by learned trial Court is reduced to the period already undergone by him. Learned trial Court is directed to issue the release order for releasing the petitioner from the civil imprisonment forthwith. 9. In view of the above, the writ petition stands disposed of. Stay application and all the pending applications also stand disposed of. 10. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (ASHUTOSH KUMAR),J AARZOO ARORA /319