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High Court of Punjab and Haryana · body

2025 DAILYLAW 48525 (PNJ)

SUNNY MALHOTRA AND ANR. v. ROSHNI DEVI

COCP/1468/2023 · 2025-09-10

Nidhi Gupta

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 204 Sunny Malhotra and another Roshni Devi and others CORAM: Present:- NIDHI GUPTA J. (Oral) violation of orders (Annexure P Judge (Jr. Divn.), Faridabad in Civil Suit No.2935 of 2021 titled as “Sunny Malhotra vs. Roshni Devi etc.” whereby in the Civil Suit filed b petitioners status quo regarding alienation as well as raising construction over the suit property has been directed. of Shri Kabul Singh, Inspector, Station House Officer, Police Station Mujesar, District Faridabad Registry, which is annexed on the file. The same is taken on record. that the present contempt petition arises out o between private parties being the petitioners and respondents No.1 to 11 herein. It is submitted that therefore, the present contempt petition is not COCP-1468-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1468 of 2023 (O & M) Date of decision : Sunny Malhotra and another Versus Devi and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA None for the petitioners. Mr. Priyavrat Parashar, AAG, Haryana. NIDHI GUPTA J. (Oral) The present contempt petition has been filed alleging violation of orders dated 09.11.2021 (Annexure P (Annexure P-2) and 17.3.2022 (Annexure P- Judge (Jr. Divn.), Faridabad in Civil Suit No.2935 of 2021 titled as “Sunny Malhotra vs. Roshni Devi etc.” whereby in the Civil Suit filed b petitioners status quo regarding alienation as well as raising construction over the suit property has been directed. The Compliance Report dated 16.9.2023 by way of affidavit of Shri Kabul Singh, Inspector, Station House Officer, Police Station jesar, District Faridabad-respondent No.12 has already been filed in the Registry, which is annexed on the file. The same is taken on record. It is pointed out by learned counsel for the respondent that the present contempt petition arises out o between private parties being the petitioners and respondents No.1 to 11 herein. It is submitted that therefore, the present contempt petition is not 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1468 of 2023 (O & M) Date of decision :-10.09.2025 …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Priyavrat Parashar, AAG, Haryana. The present contempt petition has been filed alleging dated 09.11.2021 (Annexure P-1), 21.12.2021 -3) passed by the learned Civil Judge (Jr. Divn.), Faridabad in Civil Suit No.2935 of 2021 titled as “Sunny Malhotra vs. Roshni Devi etc.” whereby in the Civil Suit filed by the petitioners status quo regarding alienation as well as raising construction The Compliance Report dated 16.9.2023 by way of affidavit of Shri Kabul Singh, Inspector, Station House Officer, Police Station respondent No.12 has already been filed in the Registry, which is annexed on the file. The same is taken on record. It is pointed out by learned counsel for the respondent-State that the present contempt petition arises out of a private civil dispute between private parties being the petitioners and respondents No.1 to 11 herein. It is submitted that therefore, the present contempt petition is not VIJAY ASIJA 2025.09.12 17.05 I attest to the accuracy and integrity of this document maintainable in terms of Rule 9 Rules and petitioners. Even today none has put in appearance on behalf of petitioners. 1 to P-3) by contempt under Order 39 Rules learned counsel for the respondent accordingly September Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-1468-2023 (O & M) maintainable in terms of Rule 9-C Vol.V Chapter 7 Regulations, which reads as follows : “9. In the case of a civil contempt other than a contempt referred to in Section 14, the High Court may take action : (a) xxx xxx xxx (b) xxx xxx xxx (c) in the case of any civil contempt of a sub ordinate court, on reference made to it by that Court.” Heard. On the last date of hearing none appeared on behalf of petitioners. Even today none has put in appearance on behalf of petitioners. If there is any violation of the aforesaid orders (Annexures P 3) by the said respondents, it is open to the petitioners to file contempt under Order 39 Rules 2A CPC. In view of the facts noted above and the statement made by learned counsel for the respondent-State, the present contempt petition is accordingly disposed of as not maintainable. Rule stands discharged. Pending application(s), if any, shall stands disposed of. September 10, 2025 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 C Vol.V Chapter 7-H of the High Court Regulations, which reads as follows :- In the case of a civil contempt other than a contempt referred to in Section 14, the High Court xxx xxx in the case of any civil contempt of a sub- rence made to it by that Court.” On the last date of hearing none appeared on behalf of petitioners. Even today none has put in appearance on behalf of petitioners. If there is any violation of the aforesaid orders (Annexures P- the said respondents, it is open to the petitioners to file In view of the facts noted above and the statement made by State, the present contempt petition is as not maintainable. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.09.12 17.05 I attest to the accuracy and integrity of this document