Anil Kumar Mishra And Another vs Shri Saurabh Kumar Verma, ...
2023 Latest Caselaw 28067 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195771
 
Court No. - 9
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7408 of 2023
 

 
Applicant :- Anil Kumar Mishra And Another
 
Opposite Party :- Shri Saurabh Kumar Verma, Tehsildar
 
Counsel for Applicant :- Dharmendra Kumar Tripathi,Shashank Tripathi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The writ Court on 28.08.2023 in Writ-C No. 27892 of 2023 passed the following order:-

"1. Heard learned counsel for the petitioners, learned Standing Counsel who has accepted notice on behalf of respondent nos. 1, 2, 3 and 4, and Sri Pankaj Dwivedi, learned counsel appearing on behalf of private respondents.

2. All the respondents pray for and are granted four weeks' time to file counter affidavit.

3. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

4. List before the Registrar for completion of pleadings, wherein not more than two opportunities shall be extended to either of the parties, and thereafter before the appropriate Court.

5. Till the next date of listing, status quo, with regard to the property in dispute, as on date, shall be maintained by the parties. It is also provided that the entire proceedings pending before respondent no. 3 shall be subject to outcome of the instant writ petition."

Further, on 05.10.2023, the order dated 28.08.2023 was corrected and following order was passed:-

"In Re: Civil Misc. Correction Application no. 2 of 2023.

Heard learned counsel for parties.

The instant correction application has been preferred for seeking correction in the order dated 28.08.2023 passed in the above mentioned writ petition.

Cause shown for filing correction application has been sufficiently explained.

Correction application is allowed.

In the third line of fifth paragraph of the order dated 28.08.2023 the word "respondent no.3" stands deleted and is hereby substituted with the word "respondent no. 4".

This order shall form part and parcel of the order dated 28.08.2023"

From perusal of the order passed by writ Court, it is clear that parties were directed to maintain status quo with regard to property in dispute. Further, the Court had held that entire proceedings which were pending before respondent no. 4 shall be subject to outcome of the writ petition.

Learned counsel for the applicant states that opposite party had proceeded with the matter and had reserved the judgment.

From perusal of the record and argument made by learned counsel for the applicant, no case for contempt is made out as there was no restriction upon opposite party to carry out the proceedings by writ Court.

Contempt application is misconceived and stands dismissed.

Order Date :- 11.10.2023

V.S.Singh