Neutral Citation No. - 2025:AHC-LKO:43594-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 187 of 2025 Appellant :- Sadhna Dubey Respondent :- Sri Abhishek Singh Iii Civil Judge Jr. Division Tanda/ Jm Ambedkarnagar U.P. Counsel for Appellant :- Sajjad Husain Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sajjad Husain, the learned counsel for the appellant and Shri Gaurav Mehrotra, the learned counsel appearing for the High Court who has put in appearance and assisted the Court in compliance of the previous order dated 18.07.2025. 2. By means of the instant intra-Court Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, the appellant has prayed for setting-aside the order dated 02.05.2025 passed by the Hon'ble Singh Judge Bench of this Court dismissing Contempt Application (Civil) No.1325 of 2025 filed by the appellant. 3. The aforesaid contempt application was filed by the appellant alleging willful disobedience of the order dated 08.05.2024 passed by another Co-ordinate Bench of this Court in Application u/S 483 No.242 of 2024 whereby the Civil Judge (Junior Division), Tanda /Judicial Magistrate, Ambedkar Nagar was directed to expedite the proceedings of Case No.629 of 2021 under Section 12 of the Protection of Women from Domestic Violence Act. The appellant had filed a copy of the aforesaid order dated 08.05.2024 before the trial court along with an application dated 18.06.2024. A copy of the order- sheet of the trial court annexed with the Special Appeal shows that on 18.06.2024 itself, the matter was transferred from the Court of Civil Judge (J.D.), Tanda to the court of Judicial Magistrate, Tanda, it was received by the transferee Court on the same day and thereafter, 20.06.2024 was fixed for hearing of the application for interim maintenance. 4. On 20.06.2024, the opposite party filed objections in the trial court. The opposite party No.2 filed list of witnesses and affidavit in evidence. Thereafter, the matter was fixed for cross-examination, which was not done on several consecutive dates. Thereafter, cross- examination was done on 18.09.2024, 21.09.2024, 23.09.2024 and 27.09.2024, the appellant did not appear before the trial Court and the cross-examination of PW-1 ultimately concluded on 01.10.2024. Thereafter, cross-examination of PW-2 was conducted on several dates. 5. The order-sheet of the trial Court reveals that the trial Court is proceeding with the matter with reasonable expedition. 6. The contempt court has held that it is evident from the order-sheet that on most of the times, witness did not appear before the trial Court on several dates. and the matter had to be adjourned. On several occasions, time was given to the complainant/appellant also. In these circumstances, no contempt is made out. 7. We find ourselves in complete agreement with the view taken by the contempt court as a reference to the order-sheet of the trial court made above indicates that the trial Court has not willfully failed to decide the matter expeditiously and, in these circumstances, no willful disobedience of the order dated 08.05.2024 directing the trial Court to expedite the proceeding of the case is made out. 8. As we are in agreement with the view taken by the contempt court, the special appeal lacks merit and the same is dismissed. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.) Order Date :- 28.7.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench