Anand Kumar Singhai VS Yamuna Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ABHAY M.NAIK
Anand Kumar Singhai – Appellant
Versus
Yamuna Devi – Respondent

Advocates:
Counsel for the Parties:
For the Applicant:Shri Sanjeev Jain, Advocate.
For the Respondents No. 1 and 2:Shri J.P. Mishra, Advocate.
For the Respondent No. 3:Shri S.B. Mishra, Senior Advocate with Shri Sanjay Sharma, Advocate.
For the Respondent No. 4:Shri Sanjay Sharma, Advocate.

ORDER

Abhay M. Naik, J.—This is a contempt petition under Sections 10, 12 and 16 of the Contempt of Courts Act, 1971 for taking action under the provisions of the said Act against respondents/contemnors No.1-Yamuna Devi, 2-Ram Manohar, 3 Shri R.P. Thakur (Presiding Judge, Court of Civil Judge Class I, Mungaoli, District Ashok Nagar), and 4-Shri Salim Khan (Naib Nazir) for their alleged act of having deliberately and intentionally flouted the order of this Court dated 21.10.2009 passed in S.A. No.544/2009.

2. Facts in short relevant for this petition are that respondents No.1 & 2 instituted Civil Suit No.24A/2006 for eviction from the suit shop and recovery of arrears of rent, which was decreed in their favour against the applicant by the Court of Civil judge, Class I, Mungaoli, District Guna vide judgment and decree dated 21.4.2008. Civil Appeal No.16A/2008 preferred against it was dismissed by the learned lower Appellate Judge on 29.9.2009. 30th Sept. 2009 was public holiday being Sunday, therefore the application for certified copy of the judgment and decree of the lower appellate Court was submitted on 1.10.2009, which was delivered on 7.10.2009. Applicant on receipt of certified