HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 6079 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. Heard learned counsel for the applicant. 2. The present contempt application has been preferred alleging willful defiance of the order dated 12.4.2024 passed in Matters under Article 227 No. 3273 of 2024 [Vishal Singh V/s M/s VHV Builders Private Limited And 2 Others], order whereof is quoted hereinunder:- "1. Heard learned counsel for the petitioner and perused the record. 2. By means of this petition filed under Article 227 of the Constitution, petitioner wants expeditious disposal of Original Suit No. 485 of 2021 titled as Vishal Singh v. V.H.V. Builders Private Limited for permanent prohibitory injunction, pending before Civil Judge (S.D.), Varanasi. 3. A report dated 03.04.2024 by presiding judge which states that the suit has proceeded ex parte as after recording satisfaction despite service, the respondents- defendants have not appeared. It is also submitted that the publication was also made. 4. In view of the above, this petition stands disposed of with direction to the trial court to ensure that the publication must have been done in a scheduled newspaper of the judgeship concerned before further proceeding in the matter. 5. If that be so, the court will proceed to pass final order after recording evidence of the plaintiff within a period of two months of production of certified copy of this order. 6. If defendant appears by the next date fixed by the court concerned, the court will proceed in accordance with law. 7. It is, however, clarified that in the event trial court is not able to decide the suit for any technical reason, such delay in disposal of the suit and pendency thereof shall Versus Counsel for Applicant(s) : Ashish Agrawal Counsel for Opposite Party(s) : Vishal Singh .....Applicant(s) Sri Hitesh Agrawal .....Opposite Party(s) ordinarily not be a ground sufficient enough to fasten the officer concerned with any personal liability of contempt." 3. It is contended by learned counsel for the applicant that despite service of certified copy of the order upon the opposite party, till date the order of writ Court has not been complied with. 4. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition. 5. However, no notice is issued to the opposite party at this stage. The opposite party is granted two months further time to comply with the order dated 12.4.2024 passed in Matters under Article 227 No. 3273 of 2024 from the date of production of a certified copy of this order. 6. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. 7. The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter. 8. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again. 9. With the aforesaid observations, this application is finally disposed of at this stage. 10. The rigors of the order dated 12.4.2024 passed in Matters under Article 227 No. 3273 of 2024 shall not stand diluted by this order. September 8, 2026 N.S.Rathour CAPL No. 6079 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad