1 35 S.B. CIVIL REVISION PETITION NO.82/2008. Kamal Singh & Ors. Vs. Navneet & Ors. Date of Order :: 26th May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Deelip Kawadia, for the petitioners. ..... BY THE COURT: Having heard learned counsel for the petitioners and having perused the order dated 16.10.2003 as passed by the learned Trial Court and the order dated 04.08.2006 as passed by the learned Appellate Court, this Court is unable to find any jurisdictional error where the learned subordinate Courts have rejected the application under Order 39 Rule 2A CPC while pointing out that there is no specific evidence that the non- applicants have willfully disobeyed the injunction order. Learned counsel appearing for the petitioners strenuously argued that carrying of construction activities at the site in question during the currency of injunction order is a fact rather not in dispute and a case of willful disobedience is directly made out. The submission is not convincing. The learned Appellate Court has pointed out that the evidence does not establish if the particular act of construction, like putting the flooring on the 'chabootara' and the staircase, was carried out only by the non-applicants. When the learned subordinate Courts have concurrently found 2 from the evidence that a case of willful disobedience is not made out beyond reasonable doubts, this Court does not find any reason to interfere in the orders impugned in revisional jurisdiction. The revision petition fails and is, therefore, rejected. (DINESH MAHESHWARI), J. Mohan/