Dr. Ravi Shanker Pandey vs Mridul Dubey, Civil Judge, S.D. ...
2016 Latest Caselaw 2487 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2422 of 2016
 

 
Applicant :- Dr. Ravi Shanker Pandey
 
Opposite Party :- Mridul Dubey, Civil Judge, S.D. And Another
 
Counsel for Applicant :- Adarsh Kumar,Bansh Narain Rai
 

 
Hon'ble Manoj Misra,J.

Heard learned counsel for the applicant.

This contempt application has been filed alleging wilful disobedience of the writ court's order dated 04.05.2015 passed in Application under Article 227 No.2600 of 2014 by which a direction was issued to the court concerned to endeavour to conclude the pending proceeding of Suit No.230 of 1988 in accordance with law and in the light of the orders already passed by this court.

From the earlier orders that were passed by the writ court in Application under Article 227 No.2600 of 2014 it appears that the court had expressed concern as to why a matter of the year 1988 was still pending therefore, report was called from the District Judge, Ballia. It appears that after obtaining all the reports, final order dated 04.05.2015 was passed.

Alleging that the court has not yet concluded the proceeding of the suit though several directions were issued by this Court, this contempt application has been filed.

From a perusal of the order sheet, which has been brought on record, it appears that evidence of parties is being recorded and it is not a case where the court is granting adjournment to parties for uncalled for reasons.

As the writ court had only directed the court below to endeavour to conclude the pending proceeding, in accordance with law, merely because the proceedings are pending and evidence is being recorded, it cannot be said that the court has willfully disobeyed the direction issued by the writ court. The contempt application is misconceived and is dismissed.

Order Date :- 11.5.2016

AKShukla/-