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2026 DAILYLAW 7492 (ALL)

RAKESH @ PREM SAGAR v. UMESH YADAV

CAPL/5751/2026 · 2026-09-16

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5751 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present Contempt Application has been preferred alleging wilful defiance of the order dated 16.01.2026 passed in Matter under Article 227 No. 373 of 2026, order whereof is quoted hereinunder.- "1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Direct the Civil Judge (Senior Division) Etawah to decide the 6C application/stay application in suit no. 193 of 2024 (Rakesh @Prem Sagar Versus Ramesh Babu and others) which is pending before him since possible 21.10.2024, expeditiously if within a stipulated period fixed by this Hon'ble court. Issue any order or direction, directing the civil Judge (Senior Division) Etawah to maintain status quo till the disposal of 6 C application in pursuance of the disputed property." 3. Learned counsel for the petitioner submitted that the above-mentioned 6C application is pending consideration since 2024 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division) Etawah to decide the above- mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this Versus Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar Dubey Counsel for Opposite Party(s) : Rakesh @ Prem Sagar .....Applicant(s) Umesh Yadav .....Opposite Party(s) order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment." 2. Today, instructions have been produced, according to which application 6C stands decided on 02.09.2026 in OS No. 193 of of 2024. A copy of the same be served upon the learned counsel for the applicant. 3. Since there has been substantial compliance, the present contempt application is consigned to record leaving it open to the applicant to question the same before appropriate proceedings. 4. Instructions filed today are taken on record. September 17, 2026 Rajesh CAPL No. 5751 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad