Allahabad High Court
RAKESH @ PREM SAGARversusUMESH YADAV
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that substantial compliance with its earlier order precludes a finding of contempt and therefore consigned the contempt application to the record.
Summary
The High Court of Allahabad entertained a contempt application filed by Rakesh @ Prem Sagar alleging that the respondent, Umesh Yadav, wilfully defied the Court’s order dated 16 January 2026 directing the Civil Judge (Senior Division), Etawah, to decide a pending 6C application in suit no. 193 of 2024 within a stipulated period. The Court noted that on 2 September 2026 the 6C application had been decided, and a certified copy of the decision was produced. Finding that substantial compliance with its earlier direction had been achieved, the Court consigned the contempt application to the record, allowing the applicant to raise any further grievance through appropriate proceedings. No finding of contempt was made. The matter was thereby closed pending any further action by the applicant.
Issues considered
- Whether the respondent’s conduct amounted to wilful defiance of the Court’s order dated 16‑01‑2026, thereby constituting contempt
- Whether substantial compliance with the order negates a finding of contempt
Subjects
- contempt of court
- wilful defiance
- Article 227
- civil procedure
- compliance with court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5751 of 2026
Rakesh @ Prem Sagar
.....Applicant(s)
Versus
Umesh Yadav
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar
Dubey
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present Contempt Application has been preferred alleging wilful
defiance of the order dated 16.01.2026 passed in Matter under Article 227
No. 373 of 2026, order whereof is quoted hereinunder.-
"1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :- "Direct the
Civil Judge (Senior Division) Etawah to decide the 6C application/stay
application in suit no. 193 of 2024 (Rakesh @Prem Sagar Versus Ramesh
Babu and others) which is pending before him since possible 21.10.2024,
expeditiously if within a stipulated period fixed by this Hon'ble court.
Issue any order or direction, directing the civil Judge (Senior Division)
Etawah to maintain status quo till the disposal of 6 C application in
pursuance of the disputed property."
3. Learned counsel for the petitioner submitted that the above-mentioned
6C application is pending consideration since 2024 and the same has not
been decided till date. Learned counsel prayed that the same may be
decided, expeditiously.
4. Since the above-mentioned application is pending, no useful purpose
would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a
direction to the Civil Judge (Senior Division) Etawah to decide the above-
mentioned application, in accordance with law, expeditiously, preferably
within twelve weeks from the date of production of a certified copy of this
CAPL No. 5751 of 2026
2
order, after ensuring service of notice upon all the respondents and
providing opportunity of hearing to all the concerned parties provided
there is no other legal impediment."
2. Today, instructions have been produced, according to which application
6C stands decided on 02.09.2026 in OS No. 193 of of 2024. A copy of the
same be served upon the learned counsel for the applicant.
3. Since there has been substantial compliance, the present contempt
application is consigned to record leaving it open to the applicant to
question the same before appropriate proceedings.
4. Instructions filed today are taken on record.
(Vikas Budhwar,J.)
September 17, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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