Ashok Kumar Agarwal v. B.Balraj Goud

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Contempt Case No.856 of 2014 Dated 20.02.2015 Between:

Ashok Kumar Agarwal

...Petitioner

and B.Balraj Goud and another

...Respondents

Counsel for the Petitioner: Mr.J.Prabhakar Counsel for respondent No.1: Mr.MAK.Mukheed Counsel for respondent No.2: None appeared The Court made the following:

Order:

This Contempt Case is filed alleging willful disobedience of the following part of Order, dated 1112-2013, in CCCAMP.No.766 of 2011 in CCCA.No.323 of 2003, by the respondents.

"In the above circumstances, CCCAMP No.167 of 2010 is ordered directing (the) respondents 4 and 5 to produce the registered sale deed, dated 23.06.2004, vide document No.1760 of 2004, original title deeds referred in clause 7 of the said sale deed."

The petitioner himself has averred in the affidavit, filed in support of this Contempt Case, that the said order is subject matter of a Special Leave Petition and that the same is pending before the Supreme Court. In my opinion, in the absence of any time stipulation made by this Court in the above-mentioned order, filing of this Contempt Case, at this stage, i.e., when the Special Leave Petition is pending, is wholly premature. The petitioner ought to have awaited the disposal of the Special Leave Petition before embarking upon filing of this Contempt Case.

The Contempt Case is, accordingly, dismissed with the above observations.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 20th February, 2015 LUR