- (1.) S. C. Verma, J. The petitioner has prayed that action under the provi sions of the Contempt of Court Act be taken against Sri. P. K. Srivastava, opposite party, for having wilfully disobeyed the order of this Court dated 5- 6-1991 in Civil Misc. Writ Petition No. 19722 of 1992-Dr. Anirudh Nath Mishra v. The District Judge Gorakhpur and others, and the order dated 26-6-1992 passed in Criminal Misc. Application No. 7178 of 1992 under Section 482 Cr. P. C. Anirudh Nath Mishra v. City Magistrate and others.
(2.) THE brief facts which are relevant to appreciate the controversy relates to House No. 141/261 situate in Mohalla Andhyaribagh, Gorakhpur. One Ram Asrey Srivastava son of Sri Vindhyachal Srivastava claimed his rights in respect of the disputed property on the basis of a will executed on 29-8-1989 in his favour by his favour by his uncle Tribhuwan Lal Srivastava. One Atul Kumar Srivastava claimed his rights on the basis of a Mukhtarnama executed in his favour by Smt. Savitri Devi. THE Station House Officer, Police Station Tewaripur submitted a report dated 12-1-1991 to the City Magistrate, Gorakh pur, that there was apprehension of breach of peace between Ram Asrey Lal and Atul Kumar Srivastava over the possession of the aforesaid house No. 141/261. A preliminary order under Section 145 (. 1), Cr. P. C. was issued on 15-3-1991 and thereafter on the application of Atul Kumar Srivastava and the police report dated 12-1-1991, the property was attached by order dated 13-5-1991 passed by Sri. P. K. Srivastava. City Magistrate, Gorakhpur and one Sri Digya Vijai Nath Misra was appointed as Supurdgar. On 24-8- 1991, the Station Officer, Police Station Tewaripur reported that the Supurdgar Sri Digya Vijai Nath Mishra was misusing the proper and the disputed house was being tried to convert into a Nursing Home. THE City Magistrate, on the basis of the report dated 24-8-1991 passed an order dated 5-12-1991 for the change of the Supurdgar and the house in dispute was given in the Supurdgi of the Station Officer, Police Station Tewaripur. THE Station Officer, Police Station Tewaripur, in pursuance of the aforesaid order, took charge as Supurd gar on 24-8-1991. At this stage, it may be noted that the petitioner Anirudh Nath Mishra filed Civil Suit No. 1418 of 1991 and obtained on exparte decree dated 5-5-1991 in his favour in which it was declared that he is the owner in possession of the disputed property. The petitioner filed another Civil Suit No. 2028 of 1991 in respect of the disputed house impleading Ram Asrey Lal as the defen dant for injunction to restrain the defendant from dispossessing the petitioner from the disputed accommodation and obtained an ad interim injunction under Order 39, Rules 1 and 2 C. P. C. vide order dated 12-9-1991 restraining the defendants from interfering with the possession of the petitioner over the disputed property and also not to evict him forcibly. By another order dated 9-12-1991, the learned Munsif, Gorakhpur restrained the defendant from interfering with plaintiff's possession. The order of interim injunction passed on application 7-C in Suit No. 2028 of 1991 was confirmed by the learned Munsif, Gorakhpur by order dated 10-5-1992 after hearing the plaintiff and the defentdants. This order continues to be operative and no material has been brought on record which may indicate that the order dated 10-5-1992 confirming the injunction order dated 12-9-1991 and 9-12-1991 has been either vacated or modified. Meanwhile in Case No. 56 of 1991 against the order dated 5-12-1991, Criminal Revision No. 238of 1991 was filed by Atul Kumar und it was also challenged in Criminal Revision No. 4 of 19y2 by Dr. Anirudh Nath Mishra before the learned Sessions Judge. The learned Incharge District Judge by order dated 3-1- 1992 directed the Station Officer, Police Station Tewaripur to open the lock of the Nursing Home and to allow the revisionist Dr. Anirudh Nath Misra the smooth functioning of the Nursing Home on his executing personal bond of Rs. 25,000 and to submit a report within three days. Ram Asrey Lal filed an application under Section 482 Cr. P. C. which was numbered as Criminal Misc. Application No. 530 of 1992 against the order dated 3-1-1992 and an interim order dated 9-1-1992 was passed staying the operation of the order dated 3-1-1992 in case the same has not been given effect till 31-1-1992. The order dated 3-1-1992 was, in the meantime, stayed by the learned Sessions Judge by order dated 10-1-1992 at the instance of the State Counsel who alleged that the same was passed exparte without hearing the State.
(3.) ANIRUDH Nath Mishra, the petitioner challenged the order dated 10-1-1992 in Criminal Misc. Application No. 7j 4 of 1992 under Section 482 Cr. P. C. and this Court by order dated 17-1-1992 directed the aforesaid application to be listed along with Criminal Misc. Application No. 530 of 1992 and stayed further proceedings in Revision No. 4 of 1992 pending before the Sessions Judge, Gorakhpur till 31-1- 1992. The implementation of the order dated 3-1-1992 was further directed to remain stayed till 30-7- 1992 by order dated 30-3-1992 passed in Criminal Misc. Application No. 530 of 1992. The learned District Judge, Gorakhpur, by order dated 5-5-1992 in Criminal Revision No. 238 of 1991 and Criminal Revision No. 4 of 1992 set aside the order dated 5-12-1991 by which the Station Officer, Police Station, Tewaripur was appointed as Supurdgar and it was directed that Sri Digya Vijai Nath Mishra will continue to act as Receiver till his term of receivership is either terminated by the decision of the case or under the order of the Civil Court in accordance with law. The operative portion of the order dated 5-5-1992 is quoted below ; "both the revisions are hereby allowed. The impugned order dated 5-12-1991 passed by the learned Executive Magistrate is set aside. Sri Digvijai Nath Mishra will continue to act as a receiver till his term of receivership is terminated either by the decision of the case the orders of Civil Court or by an order changing the receiver passed in accordance with law. "it is made clear that the implementation of the interlocutory order dated 3-1-1991 passed by this court has been stayed by the Hon'ble High Court vide orders passed on 30-3-1992. The Magistrate wilt keep in mind this order while proceeding further with the case. Though the decision of the revision ordinarily puts on end to the interlocutory orders and the order dated 3-1-1991 if any (there is no such order dated 3-1-1991) stands exhausted but the orders of Hon'ble High Court remains. "let a copy of this judgment be placed on the record of Criminal Revision No. 4 of 1992 and the original be placed on the record of Criminal Revision No. 238 of 1991. ";