THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No. 411 OF 2010 Dated: 17.11.2011 Between : Y.Subrahmanyam … Petitioner And A.Ansar Ali Khan … Respondent The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI CONTEMPT CASE No. 411 OF 2010 ORDER: This contempt case is filed with a prayer to punish the respondent for willful and deliberate violation of the order dated 16.11.2009 passed by this Court in S.A.M.P.No.2329 of 2009 in S.A.No.1060 of 2009, which reads as under: “Notice. Status quo obtaining as on today as to the suit schedule property in O.S.No.195 of 2001 on the ﬁle of the Court of Principal Junior Civil Judge, Kadiri, shall be maintained until further orders.” It is alleged in the aﬃdavit ﬁled in support of the contempt case that on 04.03.2010, the respondent had removed a part of the fencing erected around the suit property and tried to interfere with the possession of the petitioner. Immediately, the petitioner gave a complaint to police on 04.03.2010. Contending that the said action of the respondent amounts to deliberate violation of the order of status quo dated 16.11.2009, this contempt case is filed. In the counter aﬃdavit ﬁled by the respondent while denying the allegations made by the petitioner, it is contended that he has been enjoying the property allthrough and his rights were upheld by the judgment and decree dated 24.08.2009. It is further stated that the respondent had constructed a mosque on the said land as early as in 1992 and a pucca school building imparting education in English medium and a Charitable Madarasa imparting Urdu and Arabic during the year 2002 after obtaining the necessary permission of the Municipality. It is the case of the respondent that the wire fencing has been raised by the respondent himself around the Municipality. The petitioner’s plea that he gave a police complaint on 04.03.2010 has also been categorically denied and the police clearance certiﬁcate issued by the Station House Oﬃcer, Kadiri Town Police Station dated 13.04.2010, which shows that no case is pending against the respondent, has been placed before this Court. The petitioner ﬁled a reply aﬃdavit disputing the stand taken by the respondent in the counter aﬃdavit and reiterating that he has been continuing in possession and enjoyment of the suit property. However, the fact that no case is pending against the respondent in Station House Officer, Kadiri Town Police Station could not be disputed. From the pleadings of the parties, it is clear that both of them are asserting possession of the suit schedule property. Though it is sought to be contended by the learned counsel for the petitioner that the averment in the counter aﬃdavit that after the decree and judgment in A.S.No.6 of 2007, the respondent on 26.08.2009 had rearranged internally the fencing between the Mosque and school building substantiates the petitioner’s allegation that the respondent had highhandedly removed the fencing, I am unable to agree. Admittedly, the status quo order was passed by this Court on 16.11.2009 whereas it was pleaded in the counter aﬃdavit that the fencing was rearranged on 26.08.2009 i.e., much prior to the order of status quo. At any rate the dispute with regard to the possession cannot be decided by this Court on the basis of mere affidavits. Moreover, the order alleged to be violated is only an order directing both the parties to maintain status q u o obtaining as on that date. Therefore, it is not necessary for this Court to record any ﬁnding at this stage with regard to the rival claims of the parties. For the aforesaid reasons, the Contempt Case is hereby dismissed. No costs. ___________ G. ROHINI, J Date: 17.11.2011 Ivd