P. Sam Koshy, J.

1. The instant Contempt Case has been filed by the petitioners under Sections 10 to 12 of the Contempt of Courts Act, 1971 to punish the respondents herein for deliberate and willful disobedience and noncompliance of the order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023.

2. Heard Mr. Y. Rama Rao, learned counsel for the petitioners; and Mr. Mahesh Vemuganti, learned counsel appearing on behalf of Ms. Ramani Vemuganti.

3. Initially, the respondents herein have filed the above writ petition, viz., Writ Petition No.26223 of 2023, praying the Court to suspend operation of the impugned Award dated 29.03.2019 in Lok Adalath Case No.250 of 2019 in O.S.No.220 of 2012 passed by the I Additional District Judge, Karimnagar. The challenge in the said writ petition was substantively on the ground of fraud played by and between respondent Nos.2 to 12 and respondent Nos.13 and 14 in the course of obtaining the above Lok Adalath Award.

4. When the above writ petition came up for hearing, this Division Bench took up the matter for consideration along with I.A.No.2 of 2023 in Writ Petition No.26223 of 2023 on 15.11.2023. After hearing the parties, this Division Bench had directed the petitioners and also the respondents therein to maintain status quo so far as the subject property is concerned. They were further directed to not raise any further constructions in the subject property.

5. Pending the above writ petition, the instant Contempt Case had been filed by respondent Nos.3 and 11 (writ petitioners herein) with the above prayer. When the said contempt case was taken up for hearing on 19.12.2023, learned counsel appearing for respondent-Contemnors, on instructions, made a categorical statement that beyond 15.11.2023 there had been no construction activity undertaken at the subject premises by the respondent-contemnors, and that order of status quo granted by this court is being maintained by the respondent-Contemnors. He had also given an undertaking on behalf of his clients that they shall abide by the interim order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023 passed by this Bench till writ petition is finally decided. Basing on the said submission of the learned counsel, representing the respondent-Contemnors, the said contempt case was closed vide order dated 19.12.2023 in Contempt Case No.2695 of 2023.

6. Subsequently, the petitioners herein have filed I.A.No.1 of 2024 in Contempt Case No.2695 of 2023 praying the Court to recall / revive the Contempt Case No.2695 of 2023 and to enquire into the issue and punish the respondents under Sections 10 to 12 of the Contempt of Courts Act for their willful disobedience of the order dated 19.12.2023 in Contempt Case No.2695 of 2023, and also for their willful disobedience and wanton violation of the order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023.

7. Vide order dated 11.09.2025 in I.A.No.1 of 2024 in Contempt Case No.2695 of 2023, this Bench allowed the application and restored the Contempt Case to its original number. Thereafter, notices were ordered and respondents have entered appearance and they have also filed their counter-affidavit.

8. In the counter-affidavit, it was categorically denied by the respondent-Contemnors to have undertaken construction activity beyond 15.11.2023 which could fall within the purview of contempt and prayed for closure of the instant Contempt Case.

9. In the course of hearing, there are photographs furnished by both parties, contending that the interim order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023 so also the undertaken given by the learned counsel for the respondent-Contemnors on 19.12.2023, while closing the Contempt Case No.2695 of 2023, had not been breached in any manner.

10. Heard the learned counsel appearing for both parties extensively. Perused through the records threadbare including the photographs that were furnished by both sides.

11. From a perusal of photographs and pleadings given by the respondent-Contemnors, more particularly, subsequent to the arguments being heard in Writ Petition No.26223 of 2023 on 26.11.2024, the contempt case stood closed reserving the right of petitioners to revive the contempt case if the respondent-Contemnors do not abide by the interim order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023.

12. However, the respondent-Contemnors, presuming or assuming that the above interim order was no longer extended and is also no longer in operation, have proceeded with construction activities in the subject premises which would go to show that the respondent-Contemnors did commence with the construction activities before the decision in the above writ petition came up for hearing; whereas the undertaking given by the learned counsel for the respondent-Contemnors on 19.12.2023 in Contempt Case No.2695 of 2023 as also the interim order dated 15.11.2023 in I.A.No.2 of 2023 in Writ Petition No.26223 of 2023 granted by this Court was to maintain status quo pending outcome of the writ petition. This, prima facie, establishes contempt to have been committed by the respondent-Contemnors.

13. Further, from the photographs that have been furnished and with the dates mentioned thereon, the period at which the construction activity had been commenced after 26.11.2024 and by the time the entire construction activities were completed is too short a span within which all the construction activities could have been completed which also prima facie reflects that the respondent-Contemnors having undertaken the construction activities even during operation of the above interim order passed by this Court.

14. Nonetheless, when we minutely scrutinize the photographs on either side the different stages of construction at the different dates give rise to a great element of doubt either on the authenticity of the photographs and the dates mentioned thereon or in respect of the construction activity itself that was undertaken during operation of the interim order. The element of doubt has to go in favour of respondent- Contemnors.

15. Another fact which needs to be considered is that Writ Petition No.26223 of 2023 finally stood dismissed vide order dated 27.01.2025 passed by this Bench. The dismissal of the said writ petition has been upheld till the stage of the Hon’ble Apex Court. The dismissal of the said writ petition and its confirmation thereof by the Hon’ble Apex Court stands against respondent-Contemnors.

16. In view of the aforesaid discussion, what needs to be appreciated and visualized is that even if the respondent-Contemnors would not have carried out any construction activity pending the writ petition, they would have been entitled for raising construction beyond 27.01.2025 on which date the writ petition stood dismissed along with all the miscellaneous applications pending therein; and the alleged construction activities would have been completed even during the period in which the writ petition was put to contest before the Hon’ble Apex Court. However, the Hon’ble Apex Court confirmed the dismissal of writ petition.

17. In the given factual backdrop of the case, though there seems to be some element of contempt which the respondent-Contemnors have committed from the version of the affidavit itself, this Court does not intend to prosecute the respondent-Contemnors or punish them on account of the aforementioned factual backdrop. Accordingly, this Court intends to close the contempt case at this juncture. No costs.

18. As a sequel, miscellaneous petitions pending if any, shall stand closed.