Disobedience

Plaintiffs filed suit for declaration and permanent injunction wherein they moved application for grant of temporary injunction restraining the defendant from raising construction on the disputed Khasra number

Suit was dismissed by the Trial court; however, the said application was allowed by the Appellate Court

Plaintiffs-petitioners submitted application against the defendant-respondent for initiating contempt of court proceedings on the ground that he had violated the status quo order of the Appellate Court but the same was dismissed

Validity

Non-compliance of order/failure to comply with order of the court could be remedied/penalized under the relevant provisions of Civil Procedure Code

Nothing was on record to show that defendant-respondent had violated the order of the Appellate Court because report of the bailiff regarding continuation of the construction on the suit Khasra number by the defendant-respondent had been turned down by the court who issued temporary injunction on the ground that in the said report no Khasra number had been mentioned over which the construction had been made

Defendant-respondent in his application stated that he was raising construction on another Khasra number which had been purchased by him through mutation and he had stopped the construction over the suit-land in compliance of the order of the court

Application for initiating contempt proceedings against the defendant-respondent had rightly been rejected

Revision was dismissed.