COCP No.2084 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2084 of 2008(O & M) Date of Decision:24.07.2009 Sukhdev Singh & anr. .... petitioners Versus Rajinder Singh Gehlot & anr. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Vishal Deep Goyal,Advocate for the petitioners Mr.S.K.Hooda, Senior Deputy Advocate General, Haryana for the respondents **** RAKESH KUMAR GARG J. As per the averments made in this petition, petitioners filed suit for declaration to the effect that they were prospective owners in possession of brick kiln comprised in khasra No.97 measuring 55 kanals 16 marlas situated in village Pilchhian, Tehsil Ratia, District Fatehabad. Along with this suit petitioners also filed an application under Order 39 Rule 1 and 2 CPC for restraining the defendants from dispossessing the petitioners from the suit land and from reauctioning the land till final decision of the case. Additional Civil Judge(Sr.Divn.), Ratia vide his order dated 12.08.2008 dismissed the aforesaid application. Appeal against the aforesaid order of the trial Court was also dismissed by the Additional District Judge, Fatehabad vide his order dated 10.10.2008. Still not satisfied, petitioners filed Civil Revision No.5985 of 2008 in this Court. While issuing notice of motion, vide order dated 04.11.2008, it was ordered that the property in dispute be not auctioned. Thereafter, vide order dated 27.11.2008, it was ordered that the status quo COCP No.2084 of 2008 2 be maintained till the next date of hearing. It is alleged by the petitioners that the respondents have violated the interim order dated 04.11.2008 passed by this Court in Civil Revision No.5985 of 2008 by taking forcible possession on 22.11.2008 from the petitioners and have thus committed the contempt of this Court. I have heard learned counsel for the petitioners. Admittedly, the aforesaid Civil Revision was ordered to be dismissed as withdrawn by this Court vide its judgment dated 20.01.2009. Moreover, as per the case of the petitioners themselves, possession of the suit land was taken by the respondents on 22.11.2008, whereas the status quo order was passed by this Court on 27.11.2008. The petitioners have alleged that the order dated 04.11.2008 has been violated by the respondents. Vide order dated 04.11.2008, only auction of the property was stayed and there is no allegation in the contempt petition that property has auctioned during the aforesaid period. It is also a matter of record that while dismissing Civil Revision No. 5985 of 2008 this Court had ordered that re-auction will be subject to the result of litigation pending in civil Court. In view of the aforesaid, I find no merit in this petition. Dismissed. (RAKESH KUMAR GARG) JUDGE 24.07.2009 neenu