s*i'—iSi.. PETITIONER/ DEFEHDAKT HIGH COURT OF CHHAmSGARH AT BILASPUR W.P. (227) N0. 4888/2009 Yashpal Siagh, S/o late Sardar Punjab Singli Bhatia, aged about 68 years, R/o Kailash Nagar, Rajnaadgaon Tehsit & Dist. Rajnaadgaon (C.G.). RESPONDENTS/ PLAINTIFFS w. VEESUS 1) 2) 3) Dr. Radheshyam. Mour^'a, S/o Ramnihora Mouiya, aged about 49 years, R/o Stadium Road, Rajnaudgaon (C.G.) Tehsfl aiid Distoict Rajnan.dgaon (C.G.). Rajfcuinar, S/o Shri Maugalram Lalwaai, aged about 47 years, R/o Sindhi colony, Rajnaadgaon, Tehsil aud District Rajuandgaon (C.G.). Narendra Kuraar Kotdiya, S/o Poou3i£icli3ii(i Kotdiy^.. ssfed &bout 47 years, R/o Ramadeen Mai^, Rajnaadgaon, TehsU and District t?OTnQnr4""—ntC^ Ur inai.lULK.cuja-i f^^i^J 4) 5) 6, L8 .). Akharaj Kotdiya, S/o Poonamchand Kotdiya, aged about 47 years, R/o Ramadeen Marg, Rajnandgaon, Tehsfl aad District Rajnandgaon (C.G.). Rajendia Kumar Kotdiya Aged about 40 years S/o Soinraj Kotdiya, R/o Sadar Bazar, Rajnandgaon, Tehsil aad district Rajnandgaon (C.G.). Maaoj Kuiuar Kotdiya Aged about 40 years S/o Soiaraj Kotdiya, r/o Sadar Bazar, Rajnandgaon, Tehsil and district Rajnaudgaon (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THB CONSTITUTION OF (SB :Hon'ble Mr. T.P.Sharma, J.) Rresent;- Shri P,K. Verma, Sr. Advocate wifh Shri Axiand Dadariya, Advocate for the petitioner. Shri Malay Shrivastava, Advocate for the respondents. ORAL- ORDER (Passedon 02/08/2010) 1. Heard. 2. Order impugned and copy of ofher orders perused. s ,r'r^.- "v!k " ^ESvSst. t': ^- 6. 7. By order dated 16/10/99 in civU suit No. 80-A/99 temporaiy injuiiction iu mandatoiy fonn was grauted by Firat Civil Judge Class-2, Rajnaudgaon whereby First Civil Judge Class-2 has directed that if any door/gate has been installed by fhe respondent No. 1 fhen same shaU be renioved with a view to facUitate tfae respondents thereafter appUcatioa to punish fhe petitioner for violatfcug aad disobedience of the order was filed by fhe respondents on l/11/99 which was repUed by fhe petitioner and also submitted fhat they have chaUenged the order before ttie High Court . They have also requested for stay of the proceediag. Finally vide order dated 7/8/2000 appUcation under Order 39 Rule 2(a) of the Civil Procedure Code, 1908 was aUowed aad petitioner was directed to sent civil jail for 1 inonth, same was challenged before the First Additional District Judge, Rajiiandgaon ia civil Misc. Appeal No. 10/2001. Order was afBrmed and appeal was disuussed vide order dated 30/11/02. Leamed couusel for bofh the parties fi-aakly admits fhat now the petitioner has removed the alleged obstruction by comptyiag the order ofthe Court below, Leamed counsel for the petitiouer subinitted fhat petitioner have tendered apology for atleged non-compUauce of the order weU wifhiu time. Leacned counsel for the parties are heard. Aforesaid orders perused. Maadatory teinporary iajunction order dated 16/10/99 reveals ttiat even Court was not sure whether petitioner had inslatled door/gate or not fherefore Court has passed the order in foUowiug tenns:- II 1 8. -J'- "vf^ vKf. ^wg?" 1 SKT v^ 'rte wnm sfTrr ^t u^ SST ^n cmr m^ ^ FI^I^UI ^R> <ji^iui ^ g^r -ygw^ Sn^ uff-f ^ f^r ^ 3iyfjf?Rf wmr ^w ^TTT fif^ t'W" 7 ^W (?W ^Ui'^t' gm ^ ^f v^ni ^w wi? tfl'n'W W W^?7 W^?T 39 fiVJ 1 W2 31. SfT. •7. / Vf^f 16 ^ 3t^H t^9flt>/<> f^fT ufKfT tl " Reply filed by the petitioner relating to the application filed under Order 39 Rule 2 (a) ofthe Code ofCivil Procediire clearly reveals that they have challenged the order before the High Court which they have right to chaUenge. These orders, reply of the petitioner clearly reveals that even Court below was not sure about existeace of resistaace obstruction, Even otherwise fhat was under chaUenged before fhe senior forum iii accordance with law. In these ciTcumstaaces trial Cozirt was not justified to pass such coercive order ia terms of under Order 39 Rule 2 (a) of the Code of Civil Procedure. As per information given by fhe pardes petitioner has removed the obstruction aad has tendered apology. ConsMering fhe aforesaid circuiastauces petition is aUowed. Order ixapugaed is hercby set-aside. No order as to costs. / T.P. Sharma L__ Judge