This is petition for contempt of court in respect of order dated 19.05.2016, passed by this court in appeal filed by Tanveer Hussain against Muhammad Arif in respect of order dated 04.05.2016, passed by Muhammad Mushtaq, learned Civil Judge Pakpattan, vide which, application for interim injunction was dismissed.
- Petitioner has stated that on 20.05.2016, at 12-00(Noon) having consultation with another armed with firearm weapons, entered into house of petitioner. They forcibly closed water-drain. Petitioner showed them order passed by the court. However, they abused him and made contempt of court. Petitioner prayed that respondents be summoned and matter be proceeded in accordance with law.
- Respondents contested the application by filing written reply. It was inter alia contended that order passed by this court was not violated by respondents. False and baseless application has been filed. Respondents requested to dismiss application for contempt of court.
- Petitioner has also filed an application for appointment of local commission, so that he may visit site and prepare report whether order passed by the court was violated by respondents or not.
- Respondents resisted this application by filing written reply. It is contended that order as regards to maintaining status quo was passed on 19.05.2016 by this court. Water drain of petitioner was closed prior to order dated 19.05.2016 of this court. Respondents requested to dismiss the application.
- Argument heard and record perused.
- Petitioner alleged that respondents made violation of order dated 19.05.2016. They closed water drain of petitioner on 20.05.2016. Whereas, respondents contended that petitioner water drain was closed before passing order dated 19.05.2016 of this court. In order to bring true facts on record, Mrs. Fozia Nasser Khan, advocate, is appointed as local commission, with direction to visit site and submit her report after considering contentions of parties. Fee of local commission is fixed Rs.5000/- which is to be paid by petitioner. To come up for filing of report by local commission on 08.10.2016.