NIRMAL SINGH Vs. GIRIRAJ KISHORE SHARMA

JUDGEMENT

(1.) Heard Mr. M. C. Kandpal, the learned senior counsel assisted by Mr. S. S. Chaudhary, the learned counsel for the applicant and Mr. Sudhir Kumar, the learned counsel assisted by Mr. Anant Kumar, learned counsel for the respondent.

(2.) The present contempt application has been filed for the willful disobedience of an interim order of the court dated 20.03.2009 passed in Writ Petition No.387 of 2007 (M/S). For facility, the said order is extracted hereunder:-

(3.) The facts leading to the filing of the contempt application is, that the opposite party filed a suit for partition of his share of the property in question under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the UPZA & LR Act) in which the applicant was a defendant. This suit was decreed against which the defendant filed an appeal as well as the second appeal, which were all dismissed. Consequently, the defendant preferred a writ petition No.387 of 2007 (M/S) before this court in the year 2007 which was admitted by an order dated 20.02.2009. On the same date, an urgency application was moved in which it was alleged that the opposite party, i.e., the contemnor was trying to dispossess the applicant petitioner from the land in question. While the matter was being heard and the hearing could not be completed, the court passed the aforesaid interim order. It transpires from the ordersheet that the hearing went on for several days and, eventually, the interim order was extended till further orders of the court. The writ petition was dismissed in default on 07th September, 2010 but on an application of the petitioner, the order of dismissal was recalled by an order dated 14.09.2010. Thereafter, the opposite party executed a sale deed dated 14th October, 2010 in favour of a third party.