COPC No.22/2007 28.04.2008 Present: Mr. Ashwani Kaundal, counsel for the petitioner. Heard. Plaintiff-applicant filed a suit in the Court of Senior Sub Judge, Bilaspur, seeking declaration that he was joint owner in possession of certain property alongwith the defendants- respondents. The suit was decreed by the trial Court. Appeal filed by the plaintiff-applicant was dismissed, on merits. Defendants- respondents then filed Regular Second Appeal in this Court, which was admitted. Defendants-respondents also filed an application for staying the execution of the decree passed by the trial Court and affirmed by the District Judge. This Court passed an interim order on 6.9.2006, staying the execution of the decree passed in favour of the present applicant. The order was made absolute on 28.2.2007. Now, the plaintiff-applicant has moved the present application seeking the punishment of defendants-respondents for their allegedly having disobeyed the interim order of this Court. It is alleged that the defendants-respondents, after the passing of the aforesaid order, dated 6.9.2006, which was affirmed on 28.2.2007, have felled some trees standing on the subject matter of the appeal, that is to say the suit property. This Court did not pass any direction or order that no trees standing on the suit land shall be felled by the defendants- respondents, pending disposal of the appeal. It is the case of the plaintiff-applicant himself that the defendants-respondents are joint owners of the suit property with him. Now, if there is no order against the joint owners by the Court prohibiting them from felling any trees standing on the joint property, how can the other co-owner say that …2… COPC No.22/2007 the former has committed some illegal act, leave alone the claim that there is has been disobedience of the order of the Court, staying the execution of the decree. It may be noted that no injunction decree was passed in favour of the plaintiff-applicant by the trial Court or the District Judge. For the foregoing reasons, the application is dismissed. CMPs No.294 & 798 of 2007 Infructuous. April 28, 2008(sd) ( Surjit Singh ), J.