MANOJ MISRA,J. - (1.) Heard learned counsel for the applicant and perused the record.
(2.) This contempt application has been filed for drawing proceeding against the opposite party for committing contempt of this Court by flouting order dated 26.3.1999 passed by Civil Judge (SD), Agra in Execution Case No. 3 of 1998 as well as the interim orders dated 6.1.2000 and 13.1.2000 as also the consequential order dated 11.3.2015 passed in FAFO No. 1444 of 1999. The order dated 26.3.1999 is an order staying execution proceeding for a limited period up to 24.9.1999. The subsequent order dated 6.1.2000 passed in FAFO No. 1444 of 1999 is an interim order which stayed the execution proceeding till 21.1.2000. The next interim order dated 13.1.2000 is again an interim order which continued the earlier interim order till 29.2.2000. The order dated 11.3.2015 passed in FAFO No. 1444 of 1999 is being reproduced herein below; "Heard Sri Anand Prakash Srivastava, learned counsel for the appellants, Sri J.K. Chakravarty, learned counsel for respondents and Sri A.K. Gupta, learned counsel for the applicant (Sanjiv Kumar Sisodia) seeking impleadment. It appears that a Suit filed by Smt. Pushpa Devi was decreed with cost but the cost was not deposited by appellant (judgment debtor), however decree was executed. Consequently, property of the Housing Board was put to auction which was allegedly purchased by Sri Halesh Kumar Singh for satisfying the costs part. It appears that an application has also been filed for allotment by Sri Sanjiv Kumar Sisodia on which some order has been passed. Annexure-7 is the copy of letter issued on 20.03.2002 written by Sri Ram Vilas, Assistant Housing Commissioner, informing Joint Housing Commissioner that Housing Commissioner has passed the allotment order on the application of Sri Sanjiv Kumar Sisodia moved on 21.08.1998. Allegation in this regard has been made in para 10 of the affidavit filed in support of the impleadment application. In counter affidavit filed by Sri Nagesh Chandra, Executive Engineer, the allegation made in para 10 has not been denied. It is stated that he does not know that such letter was issued by Assistant Housing Commissioner nor it is stated that Housing Commissioner has passed any order on the application of Sri Sanjiv Kumar Sisodia. Moreover, for non-deposition of cost, property of Housing Board is put to auction shows slackness of the authorities of the Housing Board. It is strange that for non-payment of costs property of Board was allowed to be sold. Who is responsible for not depositing the cost in time leading to auction of the property of Housing Board will be named in the affidavit to be filed by appellants. In these circumstances, some Senior Officer of U.P. Avas Evam Vikas Parishad will appear in this Court alongwith original record on 25.03.2015. Housing Commissioner need not appear, he will authorize some Senior Officer to file affidavit. List on 25.03.2015."
(3.) As the order dated 11.3.2015 was not by way of injunction but a step in further proceeding in the appeal, the appropriate course available is to move an application in the pending appeal. In so far as the orders dated 6.1.2000 and 13.1.2000 are concerned, they being operative for a limited period of time, this Court, by its order dated 18.7.2017, directed the office to produce the record of FAFO No. 1444 of 1999 to enable this Court to ascertain whether the aforesaid interim order has been extended or not.;