This court dismissed an application to initiate contempt proceedings because the underlying order was complied with, rendering the cause of action infructuous. The order was dated 06.08.2021.
Contempt application dismissed as the underlying order was complied with.
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Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 184 of 2020
Applicant :- Baijnath Opposite Party :- Shri. Abhishek Pandey, S.D.M. Kasia Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi
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 18.04.2018 passed in Writ C No.14049 of 2018 and order dated 24.09.2019 passed in Contempt Application (Civil) No.4815 of 2019. The operative portion of the order is reproduced hereinbelow :-
"With the consent of parties, without adverting to the merit of the case, the Writ Petition is disposed of asking the Sub Divisional Magistrate, Tehsil Hata, District Kushinagar to look into the grievance of the petitioner and in case there is no legal impediment ensure possession of the petitioner over the aforesaid land in question expeditiously preferably within a period of two months from the date of production of certified copy of this order."
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed.
Order Date :- 6.8.2021 Pramod Tripathi
Baijnath
Shri. Abhishek Pandey
Prakash Padia
As recorded by the court registry
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