Petitioner sought direction to trial court to decide a contempt application regarding alleged non-service of notice and violation of interim injunction. Court recorded no facts on notice satisfaction and dismissed the petition.
No direction to the trial court issued; proceedings to be conducted in accordance with law.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 364 of 2019
Petitioner :- Munni Lal Respondent :- Smt.Madina And 2 Others Counsel for Petitioner :- Bhola Nath Yadav,Priyavrat Tripathi
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
By means of the present supplementary affidavit, it is sought to be submitted by learned counsel for the petitioner that the petitioner has taken requisite steps for service of notice upon the defendants but the defendants have not put in appearance nor have filed their written statement and they are trying to linger on the said proceeding.
As to the pointed query made by the Court whether the Court below has recorded satisfaction with regard to service of notice on the defendants, no answer could be given.
The said fact is also not reflected from any order passed by the court below after 18.4.2018 before which date, according to the petitioner, steps have been taken to serve the defendants.
In the said scenario, no positive direction can be issued in the present petition to direct the Court below to decide the Contempt Application No. 81 of 2018 filed by the petitioner allegedly pleading violation of ex-parte interim injunction order dated 17.4.2018.
However, it is expected that the trial court shall do the needful, in accordance with law.
The present petition is dismissed .
Order Date :- 26.2.2019 Brijesh
Munni Lal
Smt.Madina And 2 Others
Sunita Agarwal
As recorded by the court registry
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