RAFIQ AHAMAD Vs. JALIL AHMAD

JUDGEMENT

(1.) This intra Court appeal has been filed by the appellant, Rafiq Ahamad, questioning the legality of the judgment and order dtd. 13/12/2022 passed by the learned Single Judge in Contempt Application (Civil) No. 2857 of 2022, whereby the learned Single Judge in last paragraph has directed as under :- "... In case, any adjournment is given under compelling circumstances, then, the same shall not be granted without heavy cost."

(2.) The genesis of the aforesaid contempt application is a judgment and order dtd. 13/7/2022 passed in Application U/S 482 No. 3369 of 2022 : Rafiq Ahamad Vs. State of U.P. and others. The operative portion of the said judgment and order dtd. 13/7/2022 is required to be noticed and is set-out here-in- below:-

(3.) A bare perusal of the operative portion of the said judgment and order dtd. 13/7/2022, clearly reveals that there was a mandatory direction upon the learned trial Court (being the respondent no.2 before us) to proceed with the trial expeditiously and decide the same without accommodating request for adjournment made either on behalf of plaintiff or defendant, within a period of one year from the date certified copy of the order is served/submitted.