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Allahabad High Court

SATYA PRAKASH SHARMAversusPRAVEEN KUMAR UPADHYAY S.I.O.S. G.B. NAGAR

Decided

Holding

The contempt application is dismissed as the parties have either complied with the court's order or lost interest in proceeding.

Summary

Satya Prakash Sharma filed a civil contempt application (No. 829 of 2015) against Praveen Kumar Upadhyay. The applicant's counsel, Shyam Babu Vaish and Sri Ashok Khare, were not present, although the standing counsel appeared. The court observed that either the order it had earlier passed had been complied with or the parties had lost interest in pursuing the matter. Consequently, the court found no justification for keeping the contempt proceeding pending. The contempt application was therefore dismissed, with liberty granted to file an application for recall of the order within two months if the matter still subsists, without the need for an affidavit. The order was dated 6 September 2022.

Issues considered

  • Whether the contempt application should be continued in view of alleged compliance or loss of interest by the parties

Subjects

  • contempt
  • civil procedure
  • dismissal
  • recall of order
  • court compliance

Judgment

                                        Court No. - 9

                                        Case :- CONTEMPT APPLICATION (CIVIL) No. - 829 of
                                        2015

                                        Applicant :- Satya Prakash Sharma
                                        Opposite Party :- Praveen Kumar Upadhyay S.I.O.S. G.B.
                                        Nagar
                                        Counsel for Applicant :- Shyam Babu Vaish,Sri Ashok Khare

                                        Hon'ble Prakash Padia,J.

                                        List has been revised but nobody is present on behalf of the
                                        applicant though learned Standing Counsel is present.
                                        From perusal of the record, it is clear that either the order of this
                                        court has been complied with or the parties have lost their
                                        interest to proceed with the matter.

                                        In the circumstances, it is needless to keep pending this
                                        contempt application.

                                        Accordingly, the present contempt is dismissed with liberty to
                                        file application for recall of this order within two months in
                                        case matter still survives if such an application is filed it need
                                        not be accompanied by any affidavit.
                                        Order Date :- 6.9.2022
                                        saqlain




Digitally signed by SYED
MOHAMMAD SAQLAIN HAIDER
Date: 2022.09.08 13:55:48 IST
Reason:
Location: High Court of Judicature at
Allahabad


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