Order 9

Order Details: COPY OF ORDER
Pdf Text: 4 MISC SCJ 85/25
CNR No. DLNE03-000794-2025
Syed Asad Hyder Zaidi
Vs.
Hasan Arzoo
20.08.2026
Present: Sh. Madhur Mittal, Ld. counsel for petitioner
alongwith petitioner.
Sh. Ali Mushtaq Nawazish, Ld. counsel for
respondent alongwith respondent.
Arguments advanced from both sides on contempt
petition.
It is submitted on behalf of petitioner that the
respondents have made the contempt of order dated 13.02.2024
by entering into suit property, opening the property with use of
gas-cutter and also causing injury to petitioner, regarding which,
the complaint has been made in concerned police station. It is
further submitted that the respondents has been charge-sheeted
for the offence complained of by petitioner/plaintiff.
Per contra, it is submitted on behalf of respondents
that restrainment order was subjective and D-2 was not restrain
vide interim orders. It is further submitted that the
defendants/respondents have not committed any act in
contravention to order dated 13.02.2024 and the chargesheet filed
by police is still need the perusal by concern court after evidence
by prosecution.
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In view of submissions from both sides, this court is
of concerned view that both the parties shall get proper chance to
keep their version by way of adducing the evidence.
In view of petition and reply thereto, the following
issues are being framed:-
1. Whether the respondents have
committed any act contemptuous to
order dated 13.02.2024? OPP.
2. Relief?
No other issue arises or is pressed for.
Both the parties are directed to file their respective
list of witnesses in terms of order XVI rule 1 CPC within 15 days
from the date of order. The petitioner is directed to file affidavits
of all the CWs/PWs before the next date of hearing with advance
copy to the respondents at least one week before the next date of
hearing.
List for CE on 17.09.2026.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
20.08.2026
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