JAGDISH RAJ AND ANOTHER v. NAVEEN ANGRAL S H O POLICE STATION R S PURA JAMMU AND OTHERS
CCP(D)/56/2024 · 2025-03-04
Moksha Khajuria Kazmi, Sanjeev Kumar
Contempt Petitionbody2025
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[ 2025 DAILYLAW 5170 (JK) · dailylaw.ai ]
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CCP (D) No. 56/2024 in LPA No. 235/2024
Jagdish Raj and another
...Petitioner(s)
Through: Mr. Abhishek Wazir, Advocate V/s
Naveen Angral and others
...Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG Mr. R S Jamwal, Advocate
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 04.03.2025
1. This is a petition for initiation of contempt proceedings against the respondents for their willful disobedience and non-compliance of order dated 12th November, 2024 passed by this Court in LPA No. 235 of 2024, whereby this Court while disposing of the appeal also directed the parties to maintain status quo as it existed on 12th November, 2024.
2. From a reading of the judgment dated 12th November, 2024, it clearly transpires that the order of status quo came to be passed by this Court without returning any finding as to which of the two parties were in physical possession of the land.
3. In the absence of any finding with regard to the possession of the land of either of the parties, it is difficult for us to hold that the respondents have violated the order of status quo and are therefore, in contempt.
4. In view of the aforesaid, we are not in a position to pass any order in this contempt petition as we are not sure as to which was the party in possession on 12th November, 2024. S.No.5
2 CCP (D) No. 56/2024 in LPA No. 235/2024
5. This contempt petition is, therefore without any substance and the same is, accordingly, dismissed.
6. It is the stand of the official respondents that since both the parties were claiming possession and there was imminent threat of breach of peace on spot and, therefore, the subject land has been handed over to Lambardar on Spurdnama, such order, though, preserves the lis, is still open to be challenged by the aggrieved parties in accordance with law. The status report has been provided to this Court which is also taken on record.
(Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge
JAMMU: 04.03.2025 Manik
Manan Mahajan 2025.03.05 18:15 I attest to the accuracy and integrity of this document