JAY PRAKASH ALIAS JAY PRAKASH SRIVASTAVA AND 4 OTHERS v. SRI ABHINASH GAUTAM, APAR MUKHYA NYAYIK MAGISTRATE CIVIL JUDGE (JD)COURT NO. 30, SULTANPUR
CAPL/1917/2025 · 2025-06-18
Subhash Vidyarthi
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 145699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145699 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35767 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1917 of 2025 Applicant :- Jay Prakash Alias Jay Prakash Srivastava And 4 Others Opposite Party :- Sri Abhinash Gautam, Apar Mukhya Nyayik Magistrate Civil Judge (Jd)Court No. 30, Sultanpur Counsel for Applicant :- Manjeet Singh,Neeraj Kumar Srivastava Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Manjeet Singh, learned counsel for the applicant. 2. The instant petition has been filed seeking punishment of a judicial officer for committing contempt of this Court by alleged willful disobedience of the order dated 04.04.2025 passed by a Co-ordinate Bench of this Court in the Matter under Article 227 No.1822 of 2025. 3. By the aforesaid order, this Court had directed that the trial Court shall endeavor to decide the petitioner's application for temporary injunction pending in original Suit No.1102 of 2022 with all expedition preferably within a period of six weeks from the date of production of copy of this order. 4. A copy of the order sheet of the trial court has been annexed with the Contempt Application which indicates that a copy of the order dated 04.04.2025 passed by this court was filed before the trial court on 08.04.2025 and the matter was ordered to be placed on the date fixed. 5. The next date fixed was fixed on 10.04.2025, on which date, the Court was vacant and the next date was fixed for
15.04.2025. On 15.04.2025, the Presiding Officer was on leave and the matter was posted for 30.04.2025. 6. Meanwhile, on 19.4.2025, the petitioner filed an application under Section 121 C.P.C. When the matter was listed on pre- fixed date i.e. on 30.04.2025, the Presiding Officer was on leave and the case was posted for 19.05.2025. The certified copy of the order sheet filed by the petitioner contains copies of orders passed till 30.04.2025 only. 7. From a perusal of the aforesaid orders, it appears that the case could not proceed as the Court was vacant or the Presiding Officer was on leave and in these circumstances, it cannot be said that the Presiding Officer willfully disobeyed the order passed by this court, more particularly, when this Court has not given any positive direction to decide the application for temporary injunction within a period of six weeks. 8.
In these circumstances, I am of the view that no case is made out for calling upon the opposite party to face contempt proceedings. 9. The Contempt Application is hereby dismissed. . [Subhash Vidyarthi, J.] Order Date :- 18.6.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench