Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5635 of 2021 Applicant :- Chheda Lal And Another Opposite Party :- Civil Judge (Junior Division) Ghatampur Counsel for Applicant :- Raj Narayan
Hon'ble Jayant Banerji,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants.
The present contempt application has been filed alleging wilful and deliberate disobedience order dated 05.01.2021 passed by the Court in Matter under Article 227 No.4386 of 2020 (Chheda Lal & Anr. v. Civil Judge (Junior Division) & Ors.).
This Court on 05.01.2021 in the aforesaid matter under Article 227 has passed the following order :-
"By means of this writ petition under Article 227 of the Constitution of India, petitioner has prayed for a direction upon the court below to decide the Suit No. 90 of 2019 (Chheda Lal vs. Sushila Devi), pending before the learned Civil Judge (Junior Division), Kanpur Dehat, expeditiously within a stipulated period of time as fixed by the Court.
It is contended that the petitioner has filed the aforesaid suit which is pending till date and several dates have been fixed but the said case has not been decided by the court below. Petitioner has confined his prayer only for early disposal of the said case.
Having regard to the facts and circumstances of the case and submission made, but without prejudice to the merits of the case, the instant writ petition is finally disposed of with a direction to the court below to make every endeavour to decide the aforesaid case expeditiously, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order."
It appears from the record of the order-sheet of the court below, which is of order dated 23.07.2021 and the order dated 10.11.2021, that the court is taking steps for disposal of the matter.
Under the circumstances, it cannot be said that the court below is not making endeavour to decide the case expeditiously. This is a frivolous application and appears to have been filed only to put pressure on the Judicial Officer. The applicants are warned to be careful in future.
The contempt application is devoid of merit and is, accordingly, dismissed.
Order Date :- 23.12.2021 SK (Jayant Banerji, J.)