KRISHNA KUMAR AND ANOTHER v. ARUN KUMAR AND 5 OTHERS
CAPL/469/2025 · 2025-02-19
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124498 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10698 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 469 of 2025 Applicant :- Krishna Kumar And Another Opposite Party :- Arun Kumar And 5 Others Counsel for Applicant :- Ashok Kumar Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 02.12.2024 passed in Writ B No. 1174 of 2024. The relevant extract of the same is quoted hereinbelow:-
"As an interim measure, it is provided that no third party rights will be created by the parties in respect of the property in question nor its nature shall be changed either by alienation or by changing in the revenue records."
Learned counsel for the applicants has submitted that the respondent nos. 1 to 6 are creating hindrance/interference in the possession of the applicants. On being asked from the learned counsel for the applicant that whether the respondents had created any third party right in respect of the property in question or changed the nature of the property either by alienation or by changing in the revenue records, learned counsel for the applicants has submitted that the respondents have not acted against the interim order passed by the writ Court as they had not created the third party right. They had also neither changed the nature of the property nor there is any change in the revenue records. After arguing at some length, learned counsel for the applicants has submitted that the applicants may be permitted to withdraw the present contempt application as dismissed as not pressed with liberty to move further interim relief application, if he is aggrieved by any further action of the respondents, which is not protected by the writ Court by its interim order. In view of above, the present contempt application is dismissed as not pressed and it is always for the applicants to move an appropriate application in the pending writ petition for which no separate order is required to be passed.
Order Date :- 19.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench