CAPL/2802/2026 of SHRI GAURAV SONDHI Vs SMT POOJA RAJGADIYA

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 2802 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. According to learned counsel for the applicant, the opposite party had earlier filed Matters under Article 227 No. 585 of 2025 seeking direction to decide 6-C application filed in Original Suit No. 287 of 2023. On 21.01.2025, the writ petition was disposed of and following order was passed:- "This writ petition has been filed seeking a direction upon learned Civil Judge (Senior Division), Muzaffar Nagar to decide 6-C application filed in Original Suit No. 287 of 2023. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division), Muzaffar Nagar to decide 6-C application filed in Original Suit No. 287 of 2023, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit." 2. Thereafter, it appears that a modification application was preferred in the said writ petition being Modification Application No. 3 of 2025 which was disposed of on 01.05.2025 and the Court directed for deciding both application filed for grant of temporary injunction 6-C as well as application (Paper No. 46C) filed under Order VII Rule 11 CPC, which Versus Counsel for Applicant(s) : Ankur Singh Kushwaha, Pankaj Misra Counsel for Opposite Party(s) :   Shri Gaurav Sondhi .....Applicant(s) Smt Pooja Rajgadiya .....Opposite Party(s) was pending consideration in the said suit. 3. It appears that the opposite party has again approached this Court through Matters under Article 227 No. 2260 of 2026 seeking further direction for concluding proceeding of 6-C application for grant of temporary injunction application and the writ Court on 27.02.2026 passed the following order:- "1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "Issue an order or direction in the nature of directing the Civil Judge, (Senior Division), Muzaffar Nagar to decide the application 6C filed by the petitioner in Original Suit No. 287 of 2023 (Smt. Pooja Rajgadiya vs. Shri Gaurav Sondhi and others) expeditiously by concluding day by day hearing within stipulated period. (Annexure No.2) to the petition." 3. Contention of the learned counsel for the petitioner is that the aforesaid application for interim injunction (6C Application) is pending since 2023 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge, (Senior Division), Muzaffar Nagar to consider and decide the aforesaid 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 concerned parties as well as 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." 4. Learned counsel for the applicant submits that two writ petitions have been filed by opposite party seeking direction for deciding 6-C application. According to him, the opposite party has not disclosed in the subsequent writ petition filed as to direction issued on 21.01.2025. 5. After hearing learned counsel for the applicant and perusing the material on record, I find that no case for contempt is made out under CAPL No. 2802 of 2026 2 Section 12 of Contempt of Courts Act. 6. However, the applicant is at liberty to move a recall application in Matters under Article 227 No. 2260 of 2026 informing the Court and getting the order dated 27.02.2026 recalled. 7. In view of said fact, the contempt application stands disposed of. May 6, 2026 (V. S. SINGH) CAPL No. 2802 of 2026 3 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad