COCP-2563-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 COCP-2563-2026 Date of decision : 13.07.2026 Mahender Singh @ Mahinder Singh Rathi ...... Petitioner V/S Ishwar Singh and Anr. ..... Respondents CORAM : HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. Virender Ahlawat, Advocate for petitioner. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner has filed present contempt petition under Section 10 and 12 of Contempt of Courts Act, 1971 for initiating the contempt proceedings against the respondents for willful and deliberate disobedience of judgment and decree dated 27.02.2023 (Annexure P-1) passed by learned Additional District Judge, Panipat. 2. Learned counsel for the petitioner pointed out that initially Civil Suit No.19 of 2016 titled “Mahender Singh and others versus Ishwar Singh” was dismissed vide judgment and decree dated 05.12.2017 passed by the court of learned Additional Civil Judge (Senior Division), Samalkha. The plaintiffs filed appeal against the aforesaid judgment and decree, which was allowed vide judgment dated 27.02.2023 (Annexure P-1) vide which the defendants were directed to hand over the vacant possession of the said property to the plaintiffs within a period of two months from the date of judgment. The execution application was filed by the plaintiffs. The zimini orders in the said execution application are Annexure P-2 to P-4. In the said execution application, warrants of possession were received back executed. However, in the meantime, the SUNIL DEVI 2026.07.15 11:00 I attest to the accuracy and integrity of this document COCP-2563-2026 -2- Judgment Debtors took forcible possession of the said property. As a result the execution application was finally dismissed as withdrawn vide order dated 26.08.2025 (Annexure P-4) with liberty to file contempt application and criminal complaint . 3. In the light of aforesaid factual position, present petition has been filed for willful and deliberate disobedience of judgment and decree passed by the First Appellate Court. 4. I have considered the aforesaid factual position. On pointed query, learned counsel for the petitioner stated that regarding filing of Regular Second Appeal diary number was received but he was not aware of the pendency of Regular Second Appeal. Present petition has been filed for initiating contempt proceedings against the respondents for willful and deliberate disobedience of judgment and decree dated 27.02.2023 (Annexure P-1) passed by the First Appellate Court. Admittedly, execution application was filed. As per order dated 21.08.2025 (Annexure P-3), the warrants of possession were received back duly executed and the decree holder in execution application withdrew the execution application by making statement with liberty to file contempt application and criminal complaint. There is nothing on record to show that present petitioner filed any complaint before the competent authority rather he filed present contempt petition pertaining to the judgment and decree passed by the First Appellate Court (Annexure P-1). The petitioner cannot take contradictory stand. On the one hand he is withdrawing the execution application when he was already dispossessed. On the other hand, instead of filing complaint, he is filing present contempt petition. 5. In the light of aforesaid factual position, I do not find any reason to proceed with the present contempt petition and the same is accordingly SUNIL DEVI 2026.07.15 11:00 I attest to the accuracy and integrity of this document COCP-2563-2026 -3- disposed of with the direction to petitioner to seek appropriate legal remedy available to him as per law. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI ) JUDGE 13.07.2026. Sunil Devi Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SUNIL DEVI 2026.07.15 11:00 I attest to the accuracy and integrity of this document