Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1819 of 2019 Applicant :- Jagdish Ahuja Opposite Party :- Smt. Nupur, Judge Small Causes Court Counsel for Applicant :- Mohit Kumar Shukla,Nipun Mohan
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned Standing Counsel.
The petitioner is before this Court for initiating contempt proceedings against the respondents for wilful disobedience of the order dated 19.07.2018 passed in Matter Under Article 227 No.3529 of 2018 (Jagdish Ahuja v. Judge, Small Causes Court, Bulandshahar & Ors.). The operative portion of the order dated 19.7.2018 is quoted as under:-
" Learned counsel for the petitioner on instructions states that some copies were demanded by the office of the court below for reconstruction of the record. The judgment is of the year 2011 and the execution case is of the year 2013.
Under such circumstances, no fruitful purpose would be served by keeping this petition pending and it is provided that the after construction of the record the court below shall decide the execution proceeding in the light of judgment of Hon'ble Apex Court in the case of Hameed Kunju vs. Nazim 2017 (8) SCC 611.
The court below shall make all efforts to decide the same, if possible, preferably within a period of six months from the date of production of a certified copy of this order before him.
With the aforesaid observations, present petition stands disposed of."
On the matter being taken up today, instructions dated 27.04.2019 have been filed by learned Standing Counsel intimating that the Presiding Officer has already ceased into the matter and proceeding is on and the same would be finalised expeditiously.
Considering the facts and circumstances of the case, the contempt application stands disposed of asking the Presiding Officer concerned to finalise the proceeding in question as per the direction given in the order dated 19.07.2018 expeditiously and preferably within four months. The notices, if any, stand discharged.
Order Date :- 30.4.2019 SP/