Allahabad High Court
SHRI GAURAV SONDHIversusSMT POOJA RAJGADIYA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that no case for contempt under Section 12 of the Contempt of Courts Act arose and dismissed the contempt application.
Summary
The applicant, Shri Gaurav Sondhi, filed a contempt application alleging that the opposite party, Smt Pooja Rajgadiya, repeatedly approached the High Court under Article 227 seeking directions to decide a pending 6-C temporary injunction application in Original Suit No. 287 of 2023. Two earlier writ petitions were disposed with directions to the Civil Judge, Senior Division, Muzaffar Nagar, to decide the 6-C application within specified time frames. The applicant contended that the opposite party failed to disclose the earlier direction in the later petition and that this constituted contempt. The Court examined whether the filing of successive writ petitions without disclosing prior orders amounted to contempt under Section 12 of the Contempt of Courts Act. It concluded that no contemptuous conduct was established, as the petitions merely sought expeditious disposal of the pending application. Consequently, the contempt application was dismissed, with the applicant advised that a recall application could be filed if desired.
Issues considered
- Whether the filing of successive writ petitions seeking direction to decide a 6-C application amounts to contempt of court under Section 12 of the Contempt of Courts Act, 1971.
- Whether the contempt application should be dismissed.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- Section 12
- Article 227
- temporary injunction
- 6-C application
- High Court of Judicature at Allahabad
- Civil Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2802 of 2026
Shri Gaurav Sondhi
.....Applicant(s)
Versus
Smt Pooja Rajgadiya
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankur Singh Kushwaha, Pankaj Misra
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. According to learned counsel for the applicant, the opposite party had
earlier filed Matters under Article 227 No. 585 of 2025 seeking direction
to decide 6-C application filed in Original Suit No. 287 of 2023. On
21.01.2025, the writ petition was disposed of and following order was
passed:-
"This writ petition has been filed seeking a direction upon learned Civil
Judge (Senior Division), Muzaffar Nagar to decide 6-C application filed
in Original Suit No. 287 of 2023.
As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling
for counter affidavit or issuing notice to private respondents, with a
direction upon Civil Judge (Senior Division), Muzaffar Nagar to decide
6-C application filed in Original Suit No. 287 of 2023, in accordance with
law, after hearing all affected parties, preferably within a period of two
months from the date of production of certified copy of this order.
With the aforesaid direction, present writ petition stands disposed of.
It is made clear that this Court has not adjudicated the case on merit."
2. Thereafter, it appears that a modification application was preferred in
the said writ petition being Modification Application No. 3 of 2025 which
was disposed of on 01.05.2025 and the Court directed for deciding both
application filed for grant of temporary injunction 6-C as well as
application (Paper No. 46C) filed under Order VII Rule 11 CPC, which
CAPL No. 2802 of 2026
2
was pending consideration in the said suit.
3. It appears that the opposite party has again approached this Court
through Matters under Article 227 No. 2260 of 2026 seeking further
direction for concluding proceeding of 6-C application for grant of
temporary injunction application and the writ Court on 27.02.2026 passed
the following order:-
"1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"Issue an order or direction in the nature of directing the Civil Judge,
(Senior Division), Muzaffar Nagar to decide the application 6C filed by
the petitioner in Original Suit No. 287 of 2023 (Smt. Pooja Rajgadiya vs.
Shri Gaurav Sondhi and others) expeditiously by concluding day by day
hearing within stipulated period. (Annexure No.2) to the petition."
3. Contention of the learned counsel for the petitioner is that the
aforesaid application for interim injunction (6C Application) is pending
since 2023 and the same has not been decided despite several dates have
been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this
petition pending.
5. Accordingly, the present petition stands disposed of finally with a
direction to the Civil Judge, (Senior Division), Muzaffar Nagar to
consider and decide the aforesaid application, in accordance with law,
expeditiously, preferably within a period of twelve weeks from the date of
production of a certified copy of this order after ensuring service upon all
the concerned parties as well as giving opportunity of hearing to the
parties concerned and without granting unnecessary adjournments to
either of the parties provided that there is no other legal impediment."
4. Learned counsel for the applicant submits that two writ petitions have
been filed by opposite party seeking direction for deciding 6-C
application. According to him, the opposite party has not disclosed in the
subsequent writ petition filed as to direction issued on 21.01.2025.
5. After hearing learned counsel for the applicant and perusing the
material on record, I find that no case for contempt is made out under
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Section 12 of Contempt of Courts Act.
6. However, the applicant is at liberty to move a recall application in
Matters under Article 227 No. 2260 of 2026 informing the Court and
getting the order dated 27.02.2026 recalled.
7. In view of said fact, the contempt application stands disposed of.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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