OM PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed seeking the following material relief and no other:

(2.) It appears that in a suit filed by the petitioner and respondent no. 3 to this writ petition for partition under Section 176 U.P.Z.A.&L.R. Act, an order of temporary injunction was granted on 02.08.2007 by the Sub Divisional Officer, Chunar District Mirzapur. The said order of temporary injunction was violated, and, in consequence, a contempt application being Contempt Application (Civil) No. 6134 of 2016 was filed before this Court invoking Section 10 of Contempt of Courts Act, 1971. This Court, by its order dated 08.12.2016 declined to invoke its jurisdiction under Section 10 and directed the petitioner, who was the contempt applicant, to move an application under Order XXXIX Rule 2-A C.P.C. It appears that the said application for breach of temporary injunction order dated 02.08.2007, was filed before the Trial Court on 19.12.2016.

(3.) This Court may make it clear that no opinion on the merits of the parties case has been expressed and anything said in this order shall not be construed as an expression of opinion either on the merits of the application for breach of temporary injunction or with regard to the application for amendment, both of which shall be disposed of by the Trial Court in accordance with law after hearing the parties concerned. Looking to the nature of the order that this Court proposes to pass, no notice is being issued to private respondent Nos. 3 to 7. However, in case the said respondents are aggrieved by this order, it shall be open to them to make an application in this decided matter.