Allahabad High Court
Alka Sharma vs Sri Deepak Kumar Sinha, Divisional ... on 13 November, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:178009
Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7070 of 2024
Applicant :- Alka Sharma
Opposite Party :- Sri Deepak Kumar Sinha, Divisional Railway Manager
Counsel for Applicant :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari,Vineet Tiwari
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant.
Vide order dated 17.1.2020 passed in Second Appeal No. 192 of 2007, filed by the applicant, this Court has directed as under:
"19. Accordingly, Second Appeal No. 192 of 2007 is allowed. Impugned judgment and decree dated 06.11.2006 passed by learned Additional District Judge, Court No. 5, Jhansi in Civil Appeal No. 90 of 2005 (Smt. Alka Sharma vs. Union of India and others) and judgment and decree passed by learned Civil Judge (Senior Division) in Original Suit No. 380 of 2002 vide judgment and decree dated 05.05.2005 are set aside.
20. There shall be a decree to the effect that "if is declared that the husband of the plaintiff namely, Sri Govind Prasad Sharma son of Late Devendra Prasad Sharma who was employed in the Office of D.R.M., Jhansi Division, Jhansi is dead and his death is civil death as he is missing from 09.02.1993 is not heard of till the date of filing of the application in 2002. It is directed that the competent authority issue a death certificate on the basis of declaration issued in favour of the appellant." No order as to cost. Accordingly, decree be drawn in favour of the appellant. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 13.8.2023 through registered post along with the application, but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the Court's order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the Court's in its letter and spirit within three months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week 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.
The opposite party shall comply with the directions of the Court's order and intimate the applicant(s) of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 13.11.2024
Rahul Dwivedi/-
