Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2626 of 2021 Applicant :- Prem Kishan Opposite Party :- Mr. Harish Chandra,Civil Judge (Senior Division) Counsel for Applicant :- Ajay Kumar Upadhyay,Anurag Kumar
Hon'ble Prakash Padia,J.
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 18.12.2020 passed in Writ Petition No.3902 of 2020 (Prem Kishan Vs. Civil Judge (Senior Division) & others.). The aforesaid order is quoted as under:-
"1. Grievance of the petitioner is that the application for grant of temporary injunction being paper no. 6C filed in Original Suit no. 423 of 2019 (Prem Shankar Vs. Smt. Vimla Devi & Ors.) has remained pending before the Civil Judge (Senior Division), Bareilly, since 8.8.2019. As to the status of the proceedings, it has been submitted that the defendants in the suit have been served but they have not filed their objections to the written statement.
2. While no restraint order has been passed by the court at this stage, the present petition is disposed of with a direction that in case the petitioner files a copy of this order before the learned court below within a period of two weeks from today, learned court below shall make best efforts to ensure that the temporary injunction application may be heard and decided, as expeditiously as possible, preferably within a period of three months from the date of production of a copy of this order, provided the petitioner does not seek any adjournment during that time period."
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 willfully 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 two 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 applicant 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 :- 29.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.30 15:19:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad