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2025 DAILYLAW 100699 (ALL)

PRASHANT AGRAWAL v. SHRI UMESH CHANDRA GANESH KESARWANI, MAYOR, MUNICIPAL CORPORATION AND ANOTHER

CAPL/5555/2025 · 2025-10-09

Dinesh Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5555 of 2025 Court No. - 37 HON'BLE DINESH PATHAK, J. 1. Instant application has been filed against the defendant for wilful disobedience of the order dated 8.2.1984 passed by this Court in First Appeal No. 272 of 1974. Operative portion of the order dated 8.2.1984 is reproduced hereinbelow: “In the result, the appeal is allowed, the order of the trial court dated 17.7.1974 is set aside and the suit of the plaintiffs is decreed. The Nagar Maha Palika, Allahabad, is removed from the office of the Trustee and the District Judge, Allahabad, is directed to prepare a scheme for the administration of the Trust. The Nagar Maha Palika, Allahabad, will hand over the possession of the trust property to the new trustee or trustees appointed by the District Judge, Allahabad. It is further directed that the Nagar Maha Palika will render the accounts in respect of the trust property. The plaintiffs are entitled to their costs throughout.” 2. When confronted, learned counsel for the applicant unequivocally stated that, till date, neither a scheme for the administration of the Trust has been prepared nor new trustees have been appointed in compliance of the order dated 8.2.1984. He has also stated that proceeding for appointment of the new trustees is still pending adjudication before the learned District Judge. 3. In view of the above, in my considered opinion, no case of contempt is made out against Nagar Maha Palika, Allahabad, at this stage. 4. Accordingly, instant contempt application is dismissed. October 10, 2025 vinay Versus Counsel for Applicant(s) : Bipin, Praveen Kumar Dwivedi Counsel for Opposite Party(s) : (Dinesh Pathak,J.) Prashant Agrawal .....Applicant(s) Shri Umesh Chandra Ganesh Kesarwani, Mayor, Municipal Corporation And Another .....Opposite Party(s) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad