Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6356 of 2019 Applicant :- Arun Kumar Opposite Party :- Shyamkant Counsel for Applicant :- Kamlesh Kumar Tiwari, Amit Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 3.5.2019 passed in Second Appeal No. 632 of 2019 (Arun Kumar Vs. Shyamkant). For ready reference the order dated 3.5.2019 is quoted as under:-
"The question for determination would be:-
I. Whether when the respondent had himself filed a suit for ejectment admitting the plaintiff to be in possession then could a finding be arrived at that the plaintiff was not in possession.
Admit.
Issue notice to the respondent by registered post. Summon the Lower Court Record. Steps be taken within ten days.
List on the date indicated in the notice. Order on the Stay Application Till the next date of listing, status as of today shall be maintained and no third party right shall be created by any of the parties."
It is alleged that the order dated 3.5.2019 passed by the Writ Court is being flouted by the opposite party. Needless to say that in case the injunction order is being flouted, then definitely the applicant would be at liberty to move application under Rule XXXIX Rule 2 CPC to pursue the remedy available to him. The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
In view of above, this contempt application stands disposed of. Order Date :- 27.9.2019 Jaswant