COCP No. 36 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 36 of 2009 Date of decision:- 15.12.2010 Gurinder Pal Singh ......petitioner vs. Ajit Singh and ors ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Sudeep Mahajan, Advocate for the petitioner Mr.B.S. Bhinder, Advocate for respondent No. 1, 2 and 4. Mr. Rajeshwar Singh, Advocate for respondent No. 3. HEMANT GUPTA, J (ORAL) Plaintiff-Petitioner has invoked the contempt jurisdiction of this Court alleging violation of the order dated 3.11.1997 passed by this Court in a revision petition at his instance. The order passed by this Court on 3.11.1997 reads as under: - “It is stated by the Counsel for respondents No. 1 to 5 that he has already raised construction. It has been objected by the Counsel for the petitioner on the ground that the construction has been raised only on the last night. The Counsel for respondents No. 1 to 5 is directed to file an affidavit to this effect by 17.11.1997. Respondents No. 1 to 5 are restrained from raising any further construction.” The petitioner filed a suit under Section 6 of the Specific Relief Act, 1963. The same was dismissed. The revision petition filed by the COCP No. 36 of 2009 -2- petitioner again, the same was allowed by this Court on 19.2.2010 and the matter was remitted to the learned trial Court. The question whether the respondents have raised any further construction after the aforesaid order is disputed question of fact. Therefore, with the consent of the parties, the present petition is ordered to be treated as the one under Order 39 Rule 2-A of the Code of Civil Procedure and is sent to the learned trial Court to decide the same as to whether the respondents have raised any construction in violation of the order dated 3.11.1997 or not. If the learned trial Court finds any violation, the trial Court shall pass an appropriate orders in terms of Order 39 Rule 2-A of the Code of Civil Procedure. Records of the proceedings be sent to learned trial Court expeditiously. Disposed of in the above terms. (HEMANT GUPTA) JUDGE 15.12.2010 preeti