Kamlesh Kumar Mishra @ Kamlesh Kumar Vs Pragati… — Writ and Judicial Review | Allahabad HC (2025)

Kamlesh Kumar Mishra @ Kamlesh Kumar Vs Pragati… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No contempt sanction imposed at this stage; respondent judicial officer directed to decide the pending Order 39 Rule 1 & 2 C.P.C. application without further delay, if possible by the next date of listing; case to be listed on 9.5.2025 within top ten cases, respondent to bring fresh instructions by then, and Registry to display Sri Shishir Jain as counsel for the respondent.

Issue for consideration

Whether the applicant's application under Order 39 Rule 1 & 2 C.P.C. in Suit No.505 of 2024 remains undecided notwithstanding the direction issued on disposal of Matters under Article 227 No.2700 of 2024, warranting contempt proceedings against the respondent judicial officer.

Court's answer

As the applicant's application has been pending for about one year, the respondent judicial officer is expected to decide it without any further delay, if possible, by the next date of listing.

Ratio / Principle

The contempt application is to be listed on 9.5.2025 within the top ten cases.

Key takeaways

By the next date of listing, the respondent shall furnish fresh instructions before this Court.ratio¶10
The Registry is directed to show the name of Sri Shishir Jain, Advocate, as counsel for the respondent in the cause list whenever the case is next listed.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 17; Contempt Application (Civil) No. 749 of 2025; decided 24.4.2025 by Hon'ble Rajeev Singh, J. Applicant Kamlesh Kumar Mishra @ Kamlesh Kumar sought action against respondent judicial officer Pragati, Civil Judge (J.D.), Court No. 24, Sultanpur, alleging that his application under Order 39 Rule 1 & 2 C.P.C. in partition Suit No.505 of 2024 remained undecided even though this Court, on disposal of Matters under Article 227 No.2700 of 2024 (30.5.2024), had directed the court below to pass an appropriate order thereon. Respondent's counsel relied on written instructions (signed 1.4.2025 and 24.4.2025) that the defendant had been given a last opportunity to file objections and the matter stood listed for 28.4.2025. Finding the application pending for about a year, the Court imposed no penalty, merely expecting decision without further delay, if possible by the next listing; it fixed 9.5.2025 (top ten cases), called for fresh instructions, and directed the Registry to show Sri Shishir Jain as counsel for the respondent.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 749 of 2025

Applicant :- Kamlesh Kumar Mishra @ Kamlesh Kumar Opposite Party :- Pragati, Civil Judge (Junior Division) South Court No 24, Sultanpur Counsel for Applicant :- Suresh Kumar Upadhyay Counsel for Opposite Party :- Gaurav Mehrotra

Hon'ble Rajeev Singh,J.

Heard Sri Prajjwal Pratap Singh, Advocate holding brief of Sri S.K. Upadhyay, learned counsel for the applicant and Sri Shishir Jain, learned counsel for the respondent.

Learned counsel for the applicant submits that suit for partition was filed before the Civil Judge (J.D.), Court No.24, Sultanpur, which was registered as Suit No.505 of 2024 alongwith application under Order 39 Rule 1 & 2 of C.P.C. but the same was not being decided despite service on the few respondents, however, some respondents were deliberately avoiding to receive notices, then petition, i.e., Matters under Article 227 No.2700 of 2024 was filed before this Court, which was disposed of on 30.5.2024 with a direction to the court below to pass appropriate order on the application moved by applicant, said order was placed before the court below but till today, no final order has been passed on the said application.

Sri Shishir Jain, learned counsel for the respondent placed written instructions duly signed by respondent dated 1.4.2025 & 24.4.2025 and informs that last opportunity was given to the defendant to file objections and the case is listed on 28.4.2025. He also submits that respondent officer is trying her best to decide the said application of the applicant.

As it is evident from the record that said application is pending since last one year, therefore, it is expected from the respondent to decide the same without any further delay, if possible, within by the next date of listing.

List this case on 9.5.2025 within top ten cases.

By the next date of listing, respondent shall fresh instructions before this Court.

Registry is also directed to show the name of Sri Shishir Jain, Advocate as counsel for the respondent in the cause list, whenever the case is next listed.

Order Date :- 24.4.2025 GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench