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2025 DAILYLAW 102397 (ALL)

MANOJ KUMAR AGRAWAL v. SHRI BHOLA PRASAD

CAPL/5534/2025 · 2025-10-09

Dinesh Pathak

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5534 of 2025 Court No. - 37 HON'BLE DINESH PATHAK, J. 1. It is submitted that opposite party has demolished the construction made over the plot in question in defiance of the order dated 29.7.2008 passed by this court in Civil Misc. Writ Petition No. 13803 of 2008. 2. Perusal of the order dated 29.7.2008 evinces that the stay was granted for a limited period i.e. till 3.9.2008, staying further proceedings in Original Suit No.311 of 1996. For ready reference, order dated 29.7.2008 is quoted hereinbelow : "Sri R.R. Pandey has appeared on behalf of the respondents nos. 4 to 8 may file a counter affidavit within three weeks. Two weeks thereafter to the petitioner to file a rejoinder affidavit. List after five weeks on 3rd of September, 2008. Till 3rd of September, 2008 further proceedings in Original Suit No. 311 of 1996 shall be kept in abeyance." 3. There is no averment in the contempt application that the aforesaid order was ever extended by this Court or the suit is still pending adjudication. 4. In my considered opinion, no cause of action has arisen to entertain the instant contempt application on the basis of the interim order dated 29.7.2008. 5. As such, the instant contempt application is dismissed. October 10, 2025 vkg Versus Counsel for Applicant(s) : Ratish Kumar Singh Counsel for Opposite Party(s) : (Dinesh Pathak,J.) Manoj Kumar Agrawal .....Applicant(s) Shri Bhola Prasad .....Opposite Party(s) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad