IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Contempt Petition No. 111 of 2001 Dharam Singh S/O Dungar Singh, R/O Village Nawad Khera, Tehsil Haldwani, District Nainital. …… Petitioner. Versus Dev Singh S/O Man Singh, R/O Village Nawad Khera, Tehsil Haldwani, District Nainital. … Respondent. Sri Puran Singh Bisht holding brief of Sri Kurban Ali, learned counsel for the petitioner. Date June 27, 2008. Hon’ble B.S.Verma, J. Sri Puran Singh Bisht, Advocate,holding brief of Sri Kurban Ali, learned counsel for the petitioner-applicant. This contempt petition has been filed before this Court on 21-6-2001 for deliberate and willful disobedience of the order dated 14-5-1999 passed by the Allahabad High Court in Writ Petition No. 19949 of 1999, Dharam Singh Vs. Board of Revenue U.P. Allahabad and others. Interim order dated 14-5-1999 was passed to the following effect:- “Until further orders of this Court the dispossession of the petitioner from the land in dispute shall remain stayed.” In paragraph no. 6 of the affidavit accompanying the contempt petition, it has been stated that during the pendency of the writ petition the respondents with the help of the muscle men are trying to place the foundation of house. 2 It is a disputed question of fact whether foundation of house had been laid or not and this question cannot be decided in contempt jurisdiction. There is no documentary evidence to substantiate the contention of the petitioner in the contempt petition. There is no averment in the contempt petition whether the petitioner was dispossessed. No case for contempt is made out. The contempt petition is dismissed. Notice issued to the respondent is discharged. All pending applications stand disposed of. ( B.S.Verma, J. ) RCP 3 4