Allahabad High Court High Court

Narendra Singh vs Ms. V.Prabha & Another on 1 February, 2010

Allahabad High Court
Narendra Singh vs Ms. V.Prabha & Another on 1 February, 2010
Court No. - 25
Case :- CONTEMPT APPEAL No. - 2 of 2010
Petitioner :- Narendra Singh
Respondent :- Ms. V.Prabha & Another
Petitioner Counsel :- J.P. Mathur

Hon'ble Abdul Mateen,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard Sri J.P. Mathur, learned counsel for the appellant, who has
filed two affidavits; one of Sri Rajesh Nishad and another of Sri
Rasik Ballabh respectively with respect to Dasti Service upon
opposite parties. It comes out that opposite party no. 1 Ms. V.
Prabha after seeing and reading the notice has refused to accept the
same.

None is present on behalf of opposite parties.

We have gone through the impugned order dated 15.12.2009 by
means of which the appellant has been convicted under Section 2
read with Section 12 of the Contempt of Courts Act, 1971 for
fifteen days’ simple imprisonment.

While going through the order impugned and as argued by the
learned counsel for the appellant no doubt the appellant had
transferred the land in dispute by means a registered sale-deed in
spite of order passed by this court for maintaining status-quo, but
he has done the same unintentionally and without even keeping in
mind of disobeying the order dated 17.11.1999 passed by this
Court in Writ Petition No. 2163 (M/S) of 1994. It is also
submitted that appellant-Narendra Singh had tendered
unconditional apology vide affidavit dated 17.07.2009, contained
in Annexure-7 to the appeal, although it does not find figure in the
order impugned.

Admit.

It is hereby directed that implementation of impugned order dated
15.12.2009 passed by this Court in Criminal Misc. Case No. 237
(C) of 2002 shall remain suspended till further orders of this Court.

Order Date :- 1.2.2010
Chauhan/-