Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1604 of 2021 Applicant :- Sujeet Kumar Tiwari Opposite Party :- Harishankar Pasi And 2 Others Counsel for Applicant :- Om Prakash Rai,Ashish Rai Counsel for Opposite Party :- Jai Shanker Misra,Ashish Mishra
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 22.10.2019 passed in Matter under Article 227 No.7470 of 2019 (Sunil Kumar and 5 others). The operative portion of the order is reproduced hereinbelow :-
"A temporary injunction application in Original Suit No. 350 of 2016 was allowed by the learned Civil Judge (Junior Division) East, Allahabad vide order dated 22.08.2017. Assailing this order, the defendant to the suit of whom respondent Nos. 1,2 and 3 are the appellants in Misc. Civil Appeal No. 112 of 2017, filed the said appeal to the District Judge. The Appeal came up for determination before the Additional District Judge, Court No. 8, Allahabad, on 11.09.2019. It is urged by learned counsel for the petitioner that the Appeal was allowed without issuing notice or affording the petitioner opportunity of showing cause against the Appeal. The Appellate Court vide its judgment and order dated 11.02.2019 allowed the Appeal, set aside the order of temporary injunction absolute, dated 22.08.2017, granted by the Trial Court and remanded the matter for decision afresh to the Trial Judge. It is asserted in paragraph no. 16 of the writ petition that the Appellate Court set aside the order dated 22.08.2017 ex parte without affording the petitioner any opportunity.
Matter requires consideration.
Issue notice pending admission to the respondent Nos. 1 to 4 returnable on 15.11.2019. Steps be taken by 30.10.2019.
List for admission on 15.11.2019 along with a report regarding service and status of pleadings.
Meanwhile, operation of the impugned order dated 11.09.2019 passed by the Additional District Judge, Court No. 8, Allahabad in Misc. Appeal No. 112 of 2017, Smt. Piyari Devi and others vs. Sunil Kumar and others, shall remain stayed. Parties are further directed to maintain status quo regarding possession, nature and character of the suit property in the meanwhile."
Today when the matter is taken up, it is informed by Sri Jai Shanker Mishra appeared on behalf of the opposite party that petition filed by the petitioner has been dismissed in default vide order dated 15.11.2019.
On the other hand, learned counsel for the applicant submits that though the petition was dismissed in default but the same has been restored on 18.01.2021. Unfortunately, these facts have deliberately and willfully not stated by the learned counsel for the applicant. Learned counsel for the applicant submits that he does not wish to press this contempt petition.
Accordingly, the present applicant is dismissed as not pressed.
It is made clear that no liberty is being granted to the applicant to file any other contempt petition for the same cause of action.
In view of the same, the present contempt application is dismissed as not pressed.
Order Date :- 29.7.2021 Pr/-