LAWS(MPH)-2025-5-29

MANISH VERMA Vs. BRIJ MOHAN PATEL

Decided On May 16, 2025
MANISH VERMA Appellant
V/S
Brij Mohan Patel Respondents

JUDGEMENT

(1.) Regard being had to similitude of the dispute, both the contempt petitions are being heard analogously and decided by this common order. For factual clarity, facts of Contempt Petition No.1900/2025 are taken into consideration.

(2.) The instant contempt petition is preferred under Article 215 of the Constitution of India read with Sec. 10 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act of 1971") for initiating contempt proceedings against the contemnors arising out of orders dtd. 6/1/2025 and 16/1/2025 passed in Second Appeal No.116 of 2014. Through this contempt proceeding, petitioner sought following reliefs:

(3.) Petitioner is appellant in Second Appeal No.116 of 2014 filed against the judgment and decree dtd. 2/4/2014 passed by the First Appellate Court. Matter was listed before learned Single Judge on 6/1/2025 and being Second Appeal it was admitted on Substantial Questions of Law as contained into the order. In penultimate paragraph, it has been noted down by learned Judge that counsel for respondent/State Shri Brij Mohan Patel (respondent No.1 herein) sought final hearing at the earliest stage. Therefore, matter was placed for final hearing on 15/1/2025. On 15/1/2025 counsel for respondent/State prayed for and granted time to argue the matter. Therefore, matter was placed on 16/1/2025. On 16/1/2025, Government Counsel informed the Court that an application has been moved by him for recalling the earlier order by which his consent was recorded for early hearing. However, same was not available in the record, therefore, Registry was directed to place the application on record and matter was fixed on 21/3/2025.