Ramadhar Pandey v. Biswajeet Malakar

ORDER

06.05.2024 This is an application under Sections 11 and 12 of the Contempt of Courts Act, 1971, seeking to bring to the attention of this Court that the order dated 06.01.2010 as well as the order dated 12.11.2010, wherein it was alleged that the direction to maintain the status quo with regard to possession of the decretal land, have been violated. Page No.# 2/2

¶2This Court finds it relevant to observe that the petitioner herein is not represented and in absence of the petitioner, it would be difficult to discern as to whether there has been any violation to the status quo order. Furthermore, merely on the basis of statements made in the application, the fact as regards violation of the order of status quo cannot be discerned.

¶3On the other, Mr M A Sheikh, learned counsel appearing on behalf of the respondent in the instant proceedings, submits that there is no violation.

¶4The said aspect, therefore, would require an adjudication as regards the facts as to whether there has been any violation to the status quo order.

¶5Taking into account that none has appeared on behalf of the petitioner and these aspects cannot be adjudicated for the reasons aforesaid, this Court drops the instant proceedings against the respondent.

¶6The Contempt proceedings, accordingly, stands closed. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010194572013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/238/2013 RAMADHAR PANDEY S/O- LT. SUBHASIT PANDEY, R/O- LAKHIPUR TOWN, P.O. and P.S.- LAKHIPUR, DIST.- GOALPARA, ASSAM. VERSUS BISWAJEET MALAKAR S/O- FANINDRA MALAKAR, R/O- LAKHIPUR, WARD NO. 4, P.O. and P.S.- LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783129. Advocate for the Petitioner : MR.S K SINGHA Advocate for the Respondent : MR.M HOSSAIN BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH