Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5136 of 2020 Applicant :- Uma Shankar Opposite Party :- Akanksha Rana, Joint Magistrate Counsel for Applicant :- Dinesh Tiwari
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The instant contempt petition has been filed against the revenue court for non compliance of the writ court order. The writ court order reads thus:
"The preliminary decree was passed in partition suit no. T- 201702323041089 of 2017 under Section 116 of U.P. Revenue Code, 2006 whereby it appears that some objection has been filed by respondent no. 14 and the final decree is not being prepared on account of pendency of the objection.
It is, therefore, directed that the objection shall be decided by the respondent no. 1 Up-Ziladhikari, Handia, District Allahabad within a period of one month from the date of presentation of a certified copy of this order.
The writ petition is disposed of."
The suit pertains to partition. It is urged that preliminary decree has been prepared but the suit has not been decided.
On specific query, learned counsel for the applicant is unable to show that there is any wilful or deliberate disobedience on the part of the opposite party in complying the order of this Court.
In view thereof, petition is disposed of as withdrawn with liberty to the applicant to make an appropriate expedite application. In the event, such an application is filed, the same shall be decided in accordance with law.
Order Date :- 6.1.2021 Mukesh Kr.