Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3586 of 2019 Applicant :- Jawahir Lal Opposite Party :- Sneha Yadav, Civil Judge (Junior Division) Counsel for Applicant :- Shiva Priya Prasad Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 27.2.2014 passed in Matters Under Article 227 No.711 of 2014 (Jawahir Lal v. Rajendra Prasad). For ready reference the order dated 27.02.2014 is quoted as under:-
"Heard learned counsel for the petitioner.
Petitioner has filed this petition for a direction upon Civil Judge (J.D.), Jaunpur to consider and decide the interim injunction application filed in Suit No.613 of 2006, (Rajendra Prasad Vs. Javahir Lal) expeditiously.
The submission is that the other side is enjoying ex parte injunction and the application is not being allowed to be decided finally.
In view of Order 39 Rule 3-A C.P.C., an interim injunction application wherein an ex parte injunction has been granted, is to be decided within 30 days of the appearance of the other side.
In view of the above, the petition is disposed of with the direction to the court concern to consider or decide the above interim injunction application as per the mandate of Order 39 Rule 3-A C.P.C. and to ensure that it is decided within a maximum period of six months from the date of production of the certified copy of this order provided there is no legal impediment in deciding it.
The benefit of this order would not be available, in case petitioner seeks unwarranted adjournments or two continuous adjournments.
Petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order, without according even a single adjournment to either of the parties and if necessary day to day hearing may be ensured in the matter.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 29.5.2019 SP/