Disposed¶13

Soni Devi v. Chandrika and 4 Others

Allahabad HC7 Feb 2025A227/706/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Matters Under Article 227 No. 706 of 2025; Soni Devi v. Chandrika and 4 Others; Nand Prabha Shukla J.; Article 227 Constitution of India; Order 39 Rule 2A C.P.C.; contempt application rejected; injunction order dated 03.01.2023; Civil Suit No. 130 of 2021; Contempt Petition No. 28/2023; Civil Judge (S.D.) Chandauli; order dated 02.12.2024; direction to decide within two months; expedited disposal; no opinion on merits; decided 7.2.2025.

What did the court decide?

Direction to the court concerned to decide the application under Order 39 Rule 2A of C.P.C. expeditiously, preferably within two months from the date of production of a certified copy of this order, without granting unnecessary or long adjournments to either party, if there is no other legal impediment. ¶13

Soni Devi vs Chandrika and 4 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 02.12.2024 rejecting the petitioner's Contempt Application should be set aside and the contemnor (opposite parties) summoned and punished for violation of the injunction order dated 03.01.2023 passed in Civil Suit No. 130 of 2021. +1 more

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Ratio / Principle

Without expressing any opinion on the merits, the petition is finally disposed of with a direction to the court concerned to decide the application under Order 39 Rule 2A of C.P.C. expeditiously, preferably within a period of two months, without granting unnecessary or long adjournments to either party, from the date of production of a certified copy of this order, if there is no other legal impediment.

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Key takeaways

In disposing of the petition, the Court expressly refrained from expressing any opinion on the merits of the case.obiter¶13

Detailed headnote1 paragraphs

Article 227 petition (Matters Under Article 227 No. 706 of 2025, High Court of Judicature at Allahabad, Nand Prabha Shukla, J., order dated 7.2.2025): Petitioner Soni Devi sought setting aside of the order dated 02.12.2024 of the Civil Judge (S.D.), Chandauli rejecting her Contempt Application in Contempt Petition No. 28/2023 for alleged violation of the interim injunction order dated 03.01.2023 passed by the Trial Court in Civil Suit No. 130 of 2021, and punishment of the contemnor. Observing that the application under Order 39 Rule 2A of C.P.C. remained pending decision, depriving the petitioner of the benefit of the injunction, the High Court, without expressing any opinion on the merits, finally disposed of the petition with a direction to the court concerned to decide the Order 39 Rule 2A application expeditiously, preferably within two months from production of a certified copy of the order, without unnecessary or long adjournments, subject to absence of any other legal impediment.

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Neutral Citation No. - 2025:AHC:18112

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 706 of 2025

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Petitioner :- Soni Devi Respondent :- Chandrika And 4 Others Counsel for Petitioner :- Chandra Prakash Pandey,Vinay Bhushan Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the plaintiff petitioner, learned Standing Counsel and perused the record.

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This petition under Article 227 of the Constitution of India has been filed with the following prayer:-

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i. Issue an appropriate order or direction to set aside the impugned order dated 02.12.2024 passed by Civil Judge (S.D.) Chandauli in Contempt Petition No. 28/2023 (Soni Vs. Chandrika & Others) whereby the Contempt Application filed by the petitioner have been rejected, in relation to violation of the injunction order dated 03.01.2023 passed by the Trial Court in Civil Suit No. 130 of 2021 (Soni Vs. Chandrika & Others).

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ii. Issue an appropriate order or direction by summoning and punish to the contemnor (opposite parties) for violation of the injunction order dated 03.01.2023 passed by the Trial Court in Civil Suit No. 130/2021 (Soni Vs. Chandrika & Others).

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iii. Issue any other and further order which as this Hon'ble court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice.

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iv. Award the costs of the petition in favour of the petitioner.

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On the perusal of the records it appears that the application under Order 39 Rule 2A of C.P.C. is pending decision due to which the petitioner is not able to enjoy the benefits of interim injunction order dated 03.01.2023 passed by the Trial Court in Civil Suit No. 130 of 2021 (Soni Vs. Chandrika & Others).

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Considering the aforesaid facts and without expressing any opinion on the merits of the case, this petition is finally disposed of with a direction to the court concerned to decide the application under Order 39 Rule 2A of C.P.C. expeditiously, preferably within a period of two months without granting any unnecessary or long adjournments to either of the parties, from the date of production of a certified copy of this order, if there is no other legal impediment.

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Order Date :- 7.2.2025

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Nisha

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Digitally signed by :- nisha kumari High Court of Judicature at Allahabad

Soni Devi v. Chandrika and 4 Others

Case brief

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Soni Devi v. Chandrika and 4 Others

Case brief

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