Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2774 of 2018 Applicant :- Praveen Verma And 4 Other Opposite Party :- Sri Sundar Pal, Learned Civil Judge And Another Counsel for Applicant :- Prabhakar Awasthi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants.
This petition alleges disobedience of the order passed on 11 September 2017 in a writ petition under Article 227 of the Constitution. The learned Judge while disposing of the petition in which the present applicants were arrayed as respondents was disposed of with the following observations:
"Learned counsel for the parties agree that counsel for both the sides shall remain present before the trial court on the next date fixed, on which date itself the trial court would make all endeavours to dispose of the interim injunction application. A statement is further made by Sri Prabhaker Awasthi on behalf of the defendants that the status quo existing as on date with regard to the suit property would not be disturbed by then by them."
As is evident from the above extract, the trial Court was directed to make a sincere endeavour to dispose of the interim injunction application moved by the plaintiff petitioner. The first objection which Sri Awasthi takes is that the injunction application has not been decided. Be that as it may, this Court notes that the suit itself is of 2017 and that no specific time frame was stipulated in the order of the writ Court. Consequently the Court finds no ground to hold the opposite party in contempt.
The second submission of Sri Awasthi was that an order of statusquo is being extended from time to time by the concerned Court. However, from the extract of the ordersheet filed, this contention does not appear to be correct since evidently, the status quo as existing on 11 September 2017 was to be maintained and not disturbed till the disposal of the injunction application. Consequently, the only injunction which operated was the one noticed by the High Court in the order dated 11 September 2017. This too was essentially a statement of counsel which binds the parties.
Consequently, the Court finds no ground to initiate proceedings in contempt.
The petition is disposed of.
Order Date :- 29.5.2018 LA/-