CHANDRA KUMAR MISHRA v. MINAKSHI BANSAL, CIVIL JUDGE (JUNIOR DIVISION), CITY
CAPL/2153/2026 · 2026-05-06
Rohit Ranjan Agarwal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 2153 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 4.4.2025 while disposing of Matters Under Article 227 No. 1326 of 2025 had passed the following order;
"This writ petition has been filed with the following prayer:-
"(a) direct the learned Civil Judge (Junior Division), City, Varanasi to decide the execution case no. 11 of 2003 (Chandra Kumar Mishra Vs. Bharat Tiwari and others), within stipulated period as directed by this Hon'ble Court."
Learned counsel for the petitioner submits that the suit filed by the decree holder/petitioner was decreed in the year 2002 and an Execution Case No.11 of 2003 has been filed which is pending consideration. According to him, an application under Order IX Rule 13 CPC has been filed by defendant no.1 in the year 2017 and by defendant no.2 in the year 2022. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division), City, Varanasi to proceed with the application under Order 9 Rule 13 CPC filed by defendants no.1 and 2 and the decide the same, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order. Versus Counsel for Applicant(s) : Shailesh Kumar Tripathi Counsel for Opposite Party(s) :
Chandra Kumar Mishra .....Applicant(s) Minakshi Bansal, Civil Judge (Junior Division), City .....Opposite Party(s)
With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit."
2. The writ Court had required the opposite party to conclude the proceedings under Order IX Rule 13 CPC.
3. The report sent by the officer concerned on 15.4.2026 to the Registrar General has been placed before the Court. From perusal of the said report, it transpires that the matter has been listed on three occasions before the officer concerned and matter has been fixed for 21.4.2026 for final hearing.
4. Today, when the Court inquired the fate of application filed under
Order IX Rule 13 CPC, applicant's counsel has stated that he is not aware of the said fact as he has tried to contact his client but call has remained unattended.
5. This Court finds that substantial compliance has been done by the opposite party as date fixed for final hearing was 21.4.2026 and now matter must have been decided by the court concerned.
6. In view of the said fact, contempt application stands dismissed. However, in case, the said application is not decided till date, the officer concerned shall make every endeavour to decide the same, in accordance with law, as early as possible. May 7, 2026 Shekhar CAPL No. 2153 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad