Mohit vs Kismati Devi And 8 Others
2021 Latest Caselaw 8799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2597 of 2021
 

 
Applicant :- Mohit
 
Opposite Party :- Kismati Devi And 8 Others
 
Counsel for Applicant :- Dilip Kumar Sharma
 

 
Hon'ble Prakash Padia,J.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the orders dated 08.09.2000 and 10.07.2001 passed in Second Appeal No.1099 of 2000 (Mohit Vs. Kismati Devi). The aforesaid orders are quoted below:-

Order dated 08.09.2000

"Until further orders of this Court, the operation and execution of the judgment and decree dated 28.07.2000 passed by lower appellate court shall remain stayed."

Order dated 10.07.2001

"Copy of this application was served upon the counsel for the respondent on 22.05.2001.

No counter affidavit has yet been filed.

The prayer made in the present application is to permit the applicant to repair roof of the house in dispute as it is rainy season.

Considering the facts and circumstances, the applicant is permitted to repair the roof of his house but he shall not put any slab or make any material alternation."

Since the aforesaid orders are not complied, a contempt application No.354 of 2011 has been filed. In the aforesaid contempt application following order was passed on 10.11.2016:-

"The contempt is of the year 2011 and is listed under the category of "final disposal" cases.

Despite notice, there is no endorsement in the cause list that the contempt survives. In all probability, the order must have been complied with, rendering this contempt as infructuous.

The contempt is dismissed as infructuous. Notice(s) discharged."

After some arguments, learned counsel for the application prays for withdrawal of the present contempt application with liberty to file fresh contempt application.

Prayer is allowed.

The present contempt application is dismissed as withdrawn with liberty as prayed.

Order Date :- 27.7.2021

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