Shri Mahaveer Ji through its Manager Surendra Singh v. Shri Satyendra Kumar (I.A.S.), presently posted as District Magistrate, Barabanki AND others
CAPL/949/2024 · 2025-07-04
Rajeev Singh
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 125953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125953 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37958 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 949 of 2024 Applicant :- Shri Mahaveer Ji Through Its Manager Surendra Singh Opposite Party :- Shri Satyendra Kumar (I.A.S.), Presently Posted As District Magistrate, Barabanki And Others Counsel for Applicant :- Satish Kumar Misra Counsel for Opposite Party :- Shiv Shankar Singh,Madan Gopal Tripathi,Vikas Sharma Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, Shri Sunil Bajpai, learned Additional Chief Standing Counsel appearing for opposite party nos.1-6 and Ms. Iba Irfan, learned counsel appearing for opposite party nos.7-15. 2. The present application has been filed with the prayer to summon and punish the opposite parties for wilful and deliberate defiance of the order and judgment dated 20.09.2022 and decree dated 23.09.2022 passed by learned Civil Judge, Court No.20, District- Barabanki in Original Suit No.214 of 1997 (Shri Mahaveer Ji Vs. Shiv Prasad and Ors.). 3. Learned counsel for the applicant submits that the regular suit no.214 of 1997 was filed by the applicant which was decided in terms of compromise arrived at between the parties on 20.09.2022 but the opposite party nos.7-15 were trying to violate the direction of the aforesaid judgment with the association of opposite party nos.1-6. 4. At this stage, learned counsel for the applicant admits that opposite party nos.1-6 are not interfering in the peaceful living of the applicant but the opposite party nos.7-15 are continuously disturbing the peaceful living of the applicant, therefore, they should be summoned and punished accordingly. 5. Shri Sunil Bajpai, learned Additional Chief Standing Counsel appearing for opposite party nos.1-6 placed written instruction dated 21.04.2025 duly signed by the Deputy Superintendent of Police, Barabanki, which is taken on record. He submits that there was some input in relation to the disturbance in the law and order at the place of incident then the police reached at the spot and warned the deponent of the
present case and opposite party nos.7-15. He further submits that the opposite party no.1-6 do not interfere in the peaceful possession of the applicant over the property in question. He also submits that apart from the present case, several suits including Case Nos.856/2023, 683/2023, 100/2024, 02/2024 etc. are pending amongst the parties. 6. Ms.
Iba Irfan, learned counsel for opposite party nos.7-15 also submits that her clients are not interfering in the peaceful possession of the applicant in the property in question. She further submits that several cases are pending amongst the parties, therefore, only with the intention to make pressure, present application has been filed. 7. Considering the submission of counsel for the parties, going through the contents of application, written instructions dated 21.04.2025, order dated 20.09.2022 passed by the trial court in Regular Suit No.214 of 1997, this Court is of the view that applicant failed to establish the case of violation of the aforesaid judgement, therefore, no contempt is made out against the opposite parties. 8. Accordingly, the present contempt application is hereby dismissed. 9. Consigned to record. Order Date :- 4.7.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench