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Patna High Court

Ajay Prasad, AdvocateversusThe Registrar General High Court,

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as there was no merit in the contempt claim.

Summary

The petitioner filed a contempt petition alleging that the executing court failed to dispose of Execution Case No.236 of 2023 despite Supreme Court guidelines. The High Court examined a communication from the Civil Judge (Senior Division)-9, Patna, explaining that the delay was due to multiple adjournments sought by the decree-holder and other applications, not laches on the part of the court. The judge found that the reasons for delay were beyond the control of the executing court and that no contempt had occurred. Consequently, the contempt petition was dismissed. The court also directed both parties to cooperate for the prompt disposal of the pending execution case.

Issues considered

  • Whether the executing court's delay in disposing Execution Case No.236 of 2023 amounts to contempt of court
  • Whether the delay can be attributed to laches on the part of the executing court

Subjects

  • contempt of court
  • execution of decree
  • adjournments
  • laches
  • Civil Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1752 of 2025
                                                      In
                         CIVIL MISCELLANEOUS JURISDICTION No.688 of 2024
                 ======================================================
                 Ajay Prasad, Advocate son of late Chamru Lal, resident of Satyanarain
                 Building, Exhibition Road, P.S. Gandhi Maidan, Patna-800001, town and
                 district- Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The Registrar General High Court, Patna, namely, Sri Pradeep Kumar Malik.
           2.    Nitin Kumar Tripathi, I/c. Registrar Civil Court, Patna.
           3.    M/s. Divya Auto Accessories, represented through Proprietor Sri Umesh
                 Kumar, Satya Narayan Building, Exhibition Road, P.S.-Gandhi Maidan,
                 P.O.- G.P.O., District- Patna.
           4.    Umesh Kumar, proprietor of Divya Auto Accessories, Satya
                 NarayanBuilding, Exhibition Road, P.S.- Gandhi Maidan, P.O. G.P.O.,
                 District-Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Kaushal Kumar, Advocate
                 For the Opposite Party/s :    Mr.Sanjeev Kumar, Advocate
                                               Mr. Vishal Vikram Rana, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   13-02-2026                     In compliance of the order dated 16.01.2026, a

                   communication has been received from the learned Civil Judge

                   (Senior Division)-9, Patna. In his explanation, for not disposing

                   of the Execution Case No.236 of 2023 following the guidelines

                   of the Hon’ble Supreme Court, the learned executing court has

                   submitted in details its reason. I am satisfied with the

                   explanation that there is no laches on the part of the learned

                   executing court as the matter could not be disposed of due to the

                   reasons which are beyond the control of learned executing court
           Patna High Court MJC No.1752 of 2025(5) dt.13-02-2026
                                                       2/2




                     as most of the adjournments was sought on behalf of decree-

                     holder. A number of applications have been filed and the court

                     proceeded in accordance with law.

                                  2. Therefore, finding no merit in the present contempt

                     petition, this proceeding is dropped.

                                  3. However, the parties are directed to cooperate

                     towards disposal of Execution Case No.236 of 2023.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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