Single judge disposed of a contempt application seeking initiation of proceedings for disobedience of a 2014 interim order. The court declined to proceed under the Contempt of Court Act but reserved the applicant's rights in the pending writ petition.
No contempt proceedings initiated; applicant's rights in writ petition preserved.
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Court No. - 71
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4387 of 2020 Applicant :- Islam Nabi Opposite Party :- Rajesh Kumar And 4 Others Counsel for Applicant :- Madhusudan Dikshit
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
Present contempt application is preferred with request to initiate contempt proceeding against the opposite parties for disobedience of the interim order passed by this Court dated 28.3.2014 in Writ C No.17837 of 2014 filed by the applicant, wherein a Division Bench of this Court directed as under:-
"Learned Standing Counsel has accepted notice for the respondents. He prays for and is granted a month's time to file counter affidavit. The petitioner shall have two weeks thereafter to file rejoinder affidavit.
List immediately thereafter.
Considering the facts and circumstances of this case and keeping in view the averments made in paragraphs 14 and 15 of the writ petition that the petitioners are continuing in actual physical possession over the property in dispute, it is directed that meanwhile status quo with regard to the possession over the property in dispute shall be maintained by the parties."
The Court has occasion to peruse the record in question and finds that initially, the writ petition was entertained on 28.3.2014 and the aforesaid interim order was passed. Thereafter, the matter was taken up on 19.5.2014, 22.7.2014, 25.8.2014, 9.10.2014, 31.10.2014 and lastly, on 25.11.2014. Admittedly, the interim order has not been extended on the aforesaid dates. The stay vacation application has already been filed in the matter.
In the facts and circumstances, this Court is not inclined to proceed under the Contempt of Court Act. However, this order would not affect the right of the applicant in the pending writ petition.
The Contempt Application is disposed of, accordingly.
Order Date :- 11.11.2020 RKP
1 issue framed by the court
Whether contempt proceedings should be initiated against opposite parties for alleged disobedience of an interim order directing status quo on property possession.
Islam Nabi
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
