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2025 DAILYLAW 146917 (ALL)

PHOOL CHANDRA v. DIST. JUDGE GONDA DIST. GONDA AND 16 OTHERS

A227/3850/2025 · 2025-06-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36206 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3850 of 2025 Petitioner :- Phool Chandra Respondent :- Dist. Judge Gonda Dist. Gonda And 16 Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. By this writ petition, the petitioner has prayed for the following main reliefs : "(i). issue ans order or direction to the learned District Judge, Gonda/Civil Judge, (Senior Division), Gonda to permit the petitioner to file an application under Section 39 Rule 2 A as well as application under Section 151 CPC during summer vacation and decide the same within stipulated period in the interest of justice ; (ii). issue order or direction to the opposite party nos. 2 to 5 to ensure compliance of interim order dated 05.05.2025 passed by learned Civil Judge, (Senior Division), Gonda in Regular suit No.182 of 2025 (Phool chandra and others vs. Munnaram and others) in letter and spirit." Counsel for Petitioner has submitted that the petitioner wants to file contempt application for non-compliance of the order passed by the Civil Court within one week. He is permitted to do so. The petitioner has an alternative remedy under Order 39 Rule 2A of Contempt of Court's Act for non-compliance of the order passed in favour of the petitioner by the Civil Court. In case such an application is filed before the court concerned, the same shall be entertained and order will be passed in accordance with law. The writ petition stands disposed of. Order Date :- 24.6.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench