Jharkhand High Court
V. K. S. Realty vs Rinki Yadav & Ors on 6 December, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 431 of 2023
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V. K. S. Realty ... Appellant
Versus
Rinki Yadav & Ors. ...Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellant : Mr. Atanu Banerjee, Advocate
For the Respondents : Mr. V. P. Singh, Sr. Advocate
Ms. Bandana Kumari Sinha, Advocate
Mr. Sumeet Gadodia, Advocate
Mr. Rohit Ranjan Sinha, Advocate
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Order No.7 /Dated: 6th December 2023
I.A No. 10777 of 2023
Upon a mentioning slip tendered by Mr. Sumeet Gadodia, the
learned counsel for the respondents in L.P.A No. 431 of 2023 and batch cases,
this interlocutory application for early hearing of the said Letters Patent
Appeal and batch cases has been listed today.
2. The applicants have stated that the contempt case vide Contempt
Case (Civil) No. 790 of 2023 filed by them was entertained by the Court and
the opposite parties therein had appeared. However, the said contempt case
has been directed to be listed after a final decision is rendered in L.P.A No.
431 of 2023 and batch cases. The relevant statements made in this
interlocutory application which appear in paragraph nos. 6 to 8 are extracted
below:
"6. That the instant LPA was heard by the Hon'ble Division Bench at length
on 10.10.2023 and thereafter the Hon'ble Court observed as following:
Since the issue is very complicated and sensitive and also the residential
houses of too many persons are involved, we are not inclined to grant any interim
order."
7. That it is stated that the Respondents/Petitioners have also preferred a
Contempt application being Contempt Case (C) No. 790 of 2023 for deliberate
and willful disobedience and/or non-compliance of the common judgment and
order dated 13.07.2023 passed in W.P.(C) No. 1420 of 2023 and in the said
contempt application, notices were issued to Respondents/Appellants. Further,
it is stated that without any order of stay in the instant Appeal, contempt
application has been directed to be listed after the outcome of L.P.A No. 431 of
2023 and other analogous cases vide order dated 03.11.2023.
8. That in view of the cumulative facts and statements mentioned hereinabove,
the Respondent No.1-5 most humbly pray before this Hon'ble Court that the
order dated 01.11.2023 passed in L.P.A. No. 431 of 2023 may kindly be recalled
and instant Appeal may be taken up for hearing on an early date subject to kind
convenience of this Hon'ble Court."
3. Mr. Sumeet Gadodia, the learned counsel for the applicants by
referring to the order passed by this Court on 10 th October 2023 submits that
though this Court specially refused to pass an order staying the operation of
the writ Court's order, the opposite parties are not complying with the
direction issued by the writ Court.
4. At the outset, we may observe that the pleadings in this
application for early hearing of the Letters Patent Appeals are lacking in the
necessary details. Besides that, LPA No. 431 of 2023 and batch cases have
been directed to be listed on 17th January 2024 for "Final Disposal".
5. We may also indicate that as it would appear on a glance at the
order dated 3rd November 2023 passed in the Contempt Case (Civil) No. 790
of 2023, the contempt case has been directed to be posted after a decision in
L.P.A No. 431 of 2023 and batch cases, "as prayed for".
6. I.A No. 10777 of 2023 is dismissed.
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
Amit
