Allahabad High Court
KAILASH AND 3 OTHERSversusSMT. FARHA NAAZ
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The Court held that the order did not impose a mandatory twelve‑week deadline, so no contempt was established.
Summary
The applicants filed a contempt application alleging that the Fast Track Court, Junior Division, Bareilly willfully violated an order dated 20 January 2026, which directed the court to decide an interim injunction application expeditiously, preferably within twelve weeks. The order, issued by the Coordinate Bench of the Allahabad High Court under its supervisory jurisdiction under Article 227, required the Fast Track Court to consider the matter without unnecessary adjournments. The Court examined whether the directive imposed a mandatory twelve‑week deadline whose breach would constitute contempt. It held that the order merely expressed a preference for a twelve‑week timeframe and did not forbid a decision beyond that period. Consequently, no contempt was found and the contempt petition was dismissed.
Issues considered
- Whether the Fast Track Court's failure to decide the interim injunction within twelve weeks amounts to willful contempt of the High Court's order.
Subjects
- contempt of court
- Article 227
- interim injunction
- Fast Track Court
- time limit
- judicial supervision
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6148 of 2026
Kailash And 3 Others
.....Applicant(s)
Versus
Smt. Farha Naaz
.....Opposite
Party(s)
Counsel for Applicant(s) : Amitesh Kumar Mishra
Counsel for Opposite Party(s) :
Court No. - 34
(SN.21) (Transfer from Court No. 53)
HON'BLE ANISH KUMAR GUPTA, J.
1. By way of the instant Contempt Application, the applicant has filed
complaint on willful and deliberate violation of the order dated
20.01.2026, passed by the Coordinate Bench of this Court in matters
under Article 227 No. 476 of 2026 (Kailash and 3 others vs. Lalta Prasad
and 14 others) dated 20.01.2026, which reads as under:
"5. Accordingly, the present petition stands disposed of finally
with a direction to the F.T.C. (J.D.), Bareilly, Bareilly to
consider and decide the aforementioned interim injunction
application (6C 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 opposite parties, 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. "
2. By way of the aforesaid order, the writ petition was disposed of with
the direction to the Fast Track Court, Junior Division, Bareilly to consider
and decide the interim injunction application expeditiously preferably
within a period of twelve weeks from the date of production of certified
copy of this order.
CAPL No. 6148 of 2026
2
3. From the perusal of the order it is apparent that there is no mandate that
the same cannot be decided beyond the period of twelve weeks.
4. In such view of the matter, in the considered opinion of this Court, no
contempt is made out. Accordingly, the Contempt Petition is dismissed.
(Anish Kumar Gupta,J.)
September 9, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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