161 IN THE HIGH COURT OF PUNJAB AND HARYANA RAJESH KUMAR SATISH KUMAR SHO CITY THANESAR CORAM: HON'BLE MR. JUSTICE Present: Proxy counsel for Mr. Aswani Kumar Vaishnav, Mr. Arun HARKESH MANUJA By way of present petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of of India, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non interim order dated Division), Kurukshetra in Civi 01.12.2023 is extracted hereunder: defendant. Same is taken on record. agreement to sale of Rs. 8,60,00 Sq. Yards plot. Out of toal amount plaintiff has given Rs. 6 lakhs as token money and remaining Rs. 2,60,000/ on 31.05.2024. He further stated that the plaintiff shall not sale abovesaid plot to another raise any construction till demarcation of said plot. His statement is recorded separately to this effect. Parties are bound as per statement of defendant. The plaintiff is directed to get demarcation the directed not to sell the land. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: RAJESH KUMAR Versus SATISH KUMAR SHO CITY THANESAR HON'BLE MR. JUSTICE HARKESH MANUJA Proxy counsel for Mr. Aswani Kumar Vaishnav, Advocate for the Mr. Arun Beniwal, Sr. DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of of India, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non order dated 01.12.2023 passed by learned Addl. Civil Judge (Sr. Division), Kurukshetra in Civil Suit No.1565 .12.2023 is extracted hereunder:- “Power of attorney has been filed on behalf of plaintiff and defendant. Same is taken on record. Learned counsel for the defendant has entered into an agreement to sale of Rs. 8,60,000/ Sq. Yards plot. Out of toal amount plaintiff has given Rs. 6 lakhs as token money and remaining Rs. 2,60,000/ on 31.05.2024. He further stated that the plaintiff shall not sale abovesaid plot to another person on high rates and he will not raise any construction till demarcation of said plot. His statement is recorded separately to this effect. Parties are bound as per statement of defendant. The plaintiff is directed to get demarcation the land till next date of hearing and plaintiff is also directed not to sell the land. Defendant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-4111-2024 (O&M) Date of Decision: April 02, 2025 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Beniwal, Sr. DAG, Haryana. By way of present petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non-compliance of .12.2023 passed by learned Addl. Civil Judge (Sr. l Suit No.1565-2023. The order dated “Power of attorney has been filed on behalf of plaintiff and defendant. Same is taken on record. Learned counsel for the defendant has entered into an 0/- of 143 Sq. Yards out of 600 Sq. Yards plot. Out of toal amount plaintiff has given Rs. 6 lakhs as token money and remaining Rs. 2,60,000/- is fixed to be given on 31.05.2024. He further stated that the plaintiff shall not sale person on high rates and he will not raise any construction till demarcation of said plot. His statement is recorded separately to this effect. Parties are bound as per statement of defendant. The plaintiff is directed to get ext date of hearing and plaintiff is also Defendant is also directed not to (O&M) April 02, 2025 By way of present petition filed under Section 12 of the Constitution of India, prayer has been made for initiation of contempt proceedings compliance of .12.2023 passed by learned Addl. Civil Judge (Sr. 2023. The order dated “Power of attorney has been filed on behalf of plaintiff and of 143 Sq. Yards out of 600 Sq. Yards plot. Out of toal amount plaintiff has given Rs. 6 lakhs is fixed to be given on 31.05.2024. He further stated that the plaintiff shall not sale person on high rates and he will not raise any construction till demarcation of said plot. His statement is recorded separately to this effect. Parties are bound as per statement of defendant. The plaintiff is directed to get ext date of hearing and plaintiff is also TEJWINDER SINGH 2025.04.05 09:37 I attest to the accuracy and integrity of this document COCP-4111-2024 (O&M) -2- construct on the land till demarcation. Now to come upon 12.02.2024 for filing the written statement on behalf of defendant.” Along with petition, a photograph Annexure P-6 at Page 18 has been annexed so as to show the existing possession of the property in question. As per the averments made in the petition, despite there being a restraint order passed by the trial Court, the respondent is still continuing with the construction activity. I have heard learned counsel for the parties and gone through the reply. No fresh documents or photographs have been brought to the notice of this Court so as to show that any addition in construction has been made post filing of the present contempt proceedings marking any difference in the construction in comparison to the photograph already annexed as Annexure P-6 at Page-18 of the paper book which even otherwise is a question of fact and needs to be established by way of recording of evidence. In such circumstances, in the humble opinion of this Court, the present petition cannot be entertained and the same is thus, disposed of. As such, the petitioner is thus relegated to avail his remedies under Order 39 Rule 2A of CPC. Rule discharged. Pending application(s), if any, shall also stand disposed of. 02.04.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.04.05 09:37 I attest to the accuracy and integrity of this document