Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1549 of 2018 Applicant :- Yogendra Nath Pandey Opposite Party :- Arvind And Another Counsel for Applicant :- Gauri Shankar Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
On 25 October 2005, the writ Court had stayed the operation of an order dated 5 July 2005 passed by the Additional District Judge. In terms of this order an ex parte decree dated 15 March 1995 passed by the trial Court was set aside and the application under Order IX, Rule 13 CPC allowed. It was this order which was challenged earlier by the applicant in a writ petition in which interim protection was granted.
This petition is based on the allegation that during the pendency of the writ petition, third party rights have been created. However, the Court notes that the learned counsel does not base his case on the violation of any injunction or restraint orders which may have operated or restricted the opposite parties from creating third party rights. Accordingly and in light of the aforesaid facts, this Court finds no ground to initiate proceedings in contempt.
The petition is dismissed.
Order Date :- 27.3.2018 nethra