IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIV. CONTEMPT PET. No. 22 of 2006 LRS.OF BHIKA RAM & ORS. V/S LRS. OF DEVI RAM Mr. SAJJAN SINGH, for the appellant / petitioner Mr. RS SHEKHAWAT for Mr.PS BHATI, for the respondent Date of Order : 16.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Even according to the averments of the contempt petition (para 5), Devi Lal had erected a Kaccha gate over the land in violation of interim stay of this Court dated 19.1.2006, and that Devi Lal had assured that status quo will again be maintained, but it has not been restored. It is alleged that the appellants sent a notice to Devi Lal on 20.6.2006 inviting his attention to the interim order, and after service of that notice, the defendant Devi Lal died on 23.6.2006. In my view, putting up the gate, even if it is in violation of the order dated 19.1.06, was only on the part of Devi Lal, who might have been held guilty for contempt, but since Devi Lal had already expired, the liability cannot be passed on to the legal representatives. As such, so far as the non-petitioners are concerned, as against them it cannot be said that they have committed any contempt by putting up the gate as it was already put by Devi Lal. As such, I am not inclined to continue the contempt proceedings. The same are, therefore, dropped. It is, however, clarified that the petitioner may have his remedies for enforcement of the interim order in accordance with law. ( N P GUPTA ),J. /tarun/