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2025 DAILYLAW 151125 (ALL)

GAYADEEN v. SHRI VARUN KAUSHIK, CIVIL JUDGE (J.D.) SADAR, PRATAPGARH

CAPL/2107/2025 · 2025-07-23

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42288 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2107 of 2025 Applicant :- Gayadeen Opposite Party :- Shri Varun Kaushik, Civil Judge (J.D.) Sadar, Pratapgarh Counsel for Applicant :- Dr. Aniruddha Kumar Singh Counsel for Opposite Party :- Gaurav Mehrotra Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned Standing Counsel. 2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 16.07.2024 passed on Matters under Article 227 No. 3231 of 2024. 3. Learned counsel for the applicant submits that as the pending impleadment application was not being decided by the Presiding Officer, the applicant preferred petition Matters under Article 227 No. 3231 of 2024, which was disposed of vide order dated 16.07.2024 with the direction to the Presiding Officer to decide the urgency application of the applicant. Order dated 16.07.2024 is as under. "Heard. Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the Civil Judge (Junior Division), Pratapgarh to decide the application for impleadment as contained in Annexure No. 1 to this petition pending in R. S. No, 126/2005, Avadh Bihari Vs. Ramdev & another, within the time as specified by this Court. On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the impleadment application in regular suit, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously. At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the impleadment application in regular suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the Civil Judge (Junior Division), Pratapgarh within the stipulated time fix by this Court. Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner. On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of impleadment application in regular suit before the Civil Judge (Junior Division), Pratapgarh. If any such application is preferred, it is expected that Civil Judge (Junior Division), Pratapgarh shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given." 4. It is further submitted that since the aforesaid order was not being complied with, present contempt application has been preferred by the applicant and on 14.07.2025, following order was passed. "1. Heard. 2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 16.07.2024 passed in Matters under Article 227 No. 3231 of 2024. 3. Learned counsel for the applicant submits that as impleadment application was not being decided in pending regular suit no. 126 of 2005 pending in the Court of Civil Judge (Junior Division), Pratapgarh, the applicant preferred a petition i.e. Matters under Article 227 No. 3231 of 2024, which was disposed of vide order dated 16.07.2024 with direction to the Presiding Officer to decide the pending application. He further submits that the application has not been decided despite service of the order of this Court. 4. List this case on 23.07.2025 at 11:30 A.M. 5. In the meantime, Sri Gaurav Mehrotra, Special Counsel for the High Court shall seek written instructions from the respondent that why the order of this Court has not been complied with. 6. Let two copies of this contempt application be provided to Sri Gaurav Mehrotra by learned counsel for the applicant, forthwith. 7. Registry is directed to show the name of Sri Gaurav Mehrotra as the counsel for the respondent, whenever the case is next listed." 5. In pursuance of the aforesaid order, Shri Vijay Dixit, learned Special Counsel appearing for the High Court places written instructions of the respondent-Officer dated 18.07.2025, wherein it is stated that successive applications of amendment in the pending impleadment application have been moved by the applicant. It is further submitted that applicant is also not cooperating in the proceedings. It is also submitted that the case in question is listed before the court concerned on 25.07.2025 for disposal of the pending applications. The written instruction is taken on record. 6. Considering the submissions advanced by the learned counsel for the applicant, learned Special Counsel for the High Court and going through the order of writ Court as well as written instructions placed today, the contempt application stands disposed of with the direction to the court concerned to decide the pending applications within a period of one month from today strictly in accordance with law and communicate the same to this Court. 7. Office is directed to communicate the copy of this order to the District & Sessions Judge, Pratapgarh. Order Date :- 23.7.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench