Supplementary affidavit file today is taken on record.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 13.1.2021 passed in Matter Under Article 227 No.115 of 2021, which for ready reference is quoted as under:-
"Heard learned counsel for the petitioners.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioners have preferred the present petition under Article 227 of the Constitution of India to set aside the order dated 07.01.2021 passed by the Civil Judge (Senior Division), Mathura in Suit No.15 of 2021 (Panchayati Akhada Nirmal and another Vs. Adarsh Pal Gupta and 3 others). A further prayer has been made to direct to maintain status quo regarding property in question/Ashram Shri Hari Nikunj Ashram, Banke Bihari Colony, Vrindavan, Mathura till disposal of the Injunction Application (7C), which is pending before the Civil Judge (S.D.), Mathura in Civil Suit No.15 of 2021 (Panchayati Akhada Nirmal and another Vs. Adarsh Pal Gupta and 3 others) with further prayer to direct the Civil Judge (S.D.) Mathura to decide the Injunction Application (7C) filed in the Suit No.15 of 2021 (Panchayati Akhada Nirmal and another Vs. Adarsh Pal Gupta and 3 others) as earliest as possible preferably next date i.e. 18.01.2021.
It is argued by learned counsel for the petitioners that the petitioners are residing in property in dispute from last several decades but wholly illegally private respondents are trying to interfere in their peaceful possession. Along-with civil suit an application for grant of interim injunction was also filed by the petitioners in the court of Civil Judge (Senior Division), Mathura but wholly illegally no interim protection was granted and only the notices were issued to the other side by the Civil Judge (Senior Division) Mathura vide its order dated 7.1.2021. It is further argued that next date fixed in the matter before the trial court is 18.1.2021.
Heard learned counsel for the petitioner and perused the record.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the courts below to pass appropriate orders on the application no.7-C in accordance with law, if possible, on the next date fixed in the matter i.e. 18.1.2021 after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month, thereafter.
For a period of two months or till disposal of the aforesaid application, whichever is earlier, the status quo as on today shall be maintained between the parties. "
Learned counsel for the applicant submits that a 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 six weeks months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 Pramod Tripathi