FAO No. 3900 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3900 of 2010 (O&M) Date of decision: 2.2.2011 Tara Singh .. Appellant v. Jagjit Singh and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sandeep K. Sharma, Advocate for the appellant. ... Rajesh Bindal J. Challenge in the present appeal is to the order dated 5.12.2009, passed by the learned court below, whereby the application filed by the appellant under Order 39 Rule 2(A) CPC seeking initiation of contempt proceedings for alleged violation of the statement made on 19.5.2006 before the appellate court, while hearing the appeal against the order rejecting the prayer for interim stay, was dismissed. The application was filed before the court below on 24.9.2007 alleging that the undertaking given before the court has been violated as certain constructions were raised. The learned court below, while appreciating the evidence produced on record, in paragraph 12 of the impugned order held that the same was not enough to enable the court to opine that in fact the constructions, which have been alleged by the appellant to have been raised after furnishing of undertaking in the court were already existing on the date the statement was made or were raised subsequently. Considering the finding recorded by the learned court below on appreciation of evidence produced on record, especially in an application filed by the appellant seeking initiation of contempt proceedings for FAO No. 3900 of 2010 [2] defiance of the undertaking given in the court, I do not find any reason to differ with the same. Accordingly, the appeal is dismissed. ( Rajesh Bindal ) Judge 2.2.2011 mk