Allahabad High Court
Suresh Chandra Srivastava And 2 Others vs Bhagwan Saran Srivastava S.D.O. Sadar ... on 12 October, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6132 of 2014 Applicant :- Suresh Chandra Srivastava And 2 Others Opposite Party :- Bhagwan Saran Srivastava S.D.O. Sadar And 9 Others Counsel for Applicant :- R.C. Singh,Tarun Varma Counsel for Opposite Party :- S.C.,S.R. Srivastava Hon'ble Mahesh Chandra Tripathi,J.
List has been revised. None appears to press the present contempt application.
However, Sri K.R.Singh, learned Additional Chief Standing Counsel in support of his submissions, has relied upon para 6 and 7 of the short counter affidavit filed on behalf of the opposite party no. 1. The same are reproduced herein below.
"6. That, while filing Civil Misc. Writ Petition No. 26259 of 2014 the applicant/petitioner has concealed the fact before the Hon'ble Court that the execution of the decree has already been stayed by the Revisional Court of Commissioner, Jhansi Division, Jhansi in Revision No. 3/35 of 2013-14 under Section 275 of the U.P.Tenancy Act.
7. That, in the earlier Civil Misc. Writ Petition No. 9983 of 2013 filed by the applicant/petitioner, by order dated 04.10.2013 the Hon'ble Court issued direction to the executing Court to consider the objection, if any, and dispose of the same in accordance with law after hearing all the parties and, thereafter, it the need arises satisfy the decree by delivering the possession to the petitioner. True Photostat copy of the order dated 04.10.2013 passed by this Hon'ble Court in Civil Misc. Writ Petition No. 9983 of 2013, is being annexed herewith and marked as Annexure No. SCA-1 to this affidavit."
In view of the aforesaid, the Court is not inclined to proceed further against the opposite parties under Section 12 of the Contempt of Courts Act, 1971. However, it is always open to the applicants to press the relief before the appropriate Forum.
With the aforesaid observations, the contempt application is finally disposed of. Notices, if any, stand discharged.
Order Date :- 12.10.2020 A.K.Srivastava