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Allahabad High Court

HARI OM DIXIT AND OTHERSversusDEEPAK SINGHAL PRINCIPAL SECY. IRRIGATION DEPTT. AND OTHERS

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The contempt application was dismissed for want of prosecution.

Summary

The petitioners filed a contempt application in the Allahabad High Court. The matter was listed under the heading "These matters shall not be adjourned" and a notice was posted stating that such matters must be decided in the first round. The petitioner's counsel, Y.K. Mishra, was not present and no request for adjournment was made on his behalf. The court observed that the application could not be pursued in the absence of the petitioner’s representation. Consequently, the contempt application was dismissed for want of prosecution and any notice, if issued, was discharged.

Issues considered

  • Whether a contempt application can be proceeded with when the petitioner’s counsel is absent and no adjournment request is made.

Subjects

  • contempt
  • civil procedure
  • adjournment
  • non-appearance
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            LUCKNOW
                                               CONTEMPT APPLICATION (CIVIL) No. - 1372 of 2012

                                     Hari Om Dixit And Others
                                                                                               .....Applicant(s)
                                                                      Versus

                                     Deepak Singhal Principal Secy. Irrigation Deptt.
                                     And Others                                                   .....Opposite
                                                                                                        Party(s)

                                     Counsel for Applicant(s)                           :   Y.K.Mishra
                                     Counsel for Opposite Party(s)                      :   CSC

                                    Court No. - 8
                                                        HON'BLE MANISH KUMAR, J.

                                    Case has been called out.

                                    The present case is listed under the heading "These matters shall not be
                                    adjourned".

                                    A notice has been pasted outside the Court room prescribing that the
                                    matters listed under the heading "These matters shall not be adjourned"
                                    shall not be revised and appropriate orders shall be passed in the first
                                    round itself.

                                    Neither the learned counsel for the applicant is present nor any request
                                    has been made on his behalf for adjournment of the case.

                                    In view of the above, the contempt application is dismissed for want of
                                    prosecution.

                                    Notice issued, if any, stands discharged.



                                                                                            (Manish Kumar,J.)
                                    October 17, 2025
                                    Ashish




Digitally signed by :-
ASHISH MISHRA
High Court of Judicature at Allahabad,
Lucknow Bench


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