IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1087 of 2008 (O&M) Date of decision: 6.10.2009 Joginder Singh ......Petitioner(s) Versus Gurdial Singh ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. M.L. Singla, Advocate for the petitioner. Mr. Mahesh Gupta, Advocate for the respondent. Rakesh Kumar Garg, J.(Oral) CM No.1929-C of 2009 Application is allowed subject to just exceptions. CM No.19297-CII of 2009 This is an application for recalling the order dated 3.7.2009 whereby this petition was dismissed in default. Mr. Mahesh Gupta, who is present in Court accepts notice of this application and has no objection to the prayer made by the petitioner. For the aforesaid reasons, the order dated 3.7.2009 is recalled. CM stands disposed of accordingly. COCP No.1087 of 2008 The grievance of the petitioner in this petition before this Court is that despite the order dated 27.7.2007 passed by this Court in RSA No.1175 of 2006, directing the parties to maintain status quo with regard to public street, the respondent has raised construction and encroached upon the same and thus, is guilty of committing contempt of the Court. COCP No.1087 of 2008 -2- In response to the show cause notice issued by this Court, reply by way of affidavit of the respondent was filed wherein the allegations levelled by the petitioner with regard to encroachment of the public street were specifically denied. Whether the respondent has raised construction in violation of the order passed by this Court is a disputed question of fact and therefore, it will be appropriate for the petitioner to move an application seeking appropriate remedy in RSA No.1175 of 2006. The petitioner is at liberty to move an appropriate application in RSA No.1175 of 2006 and in case any such application is moved, the dismissal of the present contempt petition will not have any effect on the merits of the such application. October 6, 2009 (RAKESH KUMAR GARG) ps JUDGE