SMT. SANJU DEVI v. DURGA SHAKTI NAG PAL, DISTRICT MAGISTRATE LAKHIMPUR KHERI AND 7 OTHERS
CAPL/642/2025 · 2025-03-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127729 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14487 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 642 of 2025 Applicant :- Smt. Sanju Devi Opposite Party :- Durga Shakti Nag Pal, District Magistrate Lakhimpur Kheri And 7 Others Counsel for Applicant :- Krishna Kumar Dubey Hon'ble Manish Kumar,J.
1. The present contempt application has been preferred for the alleged non-compliance of the judgment and order dated 30.05.2018, passed by the writ court in First Appeal No. 67 of 2018. The relevant extract of the same is quoted hereinbelow:-
"Prima facie a case for grant of interim relief is made out. Until further orders the operation of the impugned judgment and decree dated 11.4.2018 passed in Civil Suit No.1 of 2015 (Ram Shiv Tiwari & Ors. v. Sanju Devi & Ors.) shall remain stayed and the alleged committee constituted on 18.5.2018 in pursuance of the impugned
judgment is restrained from interfering in the working of the appellant. The appellant is, however, restrained from alienating or changing the nature of any immovable property belonging to the trust except with the express permission of this Court. The appellant is further directed to prepare a complete inventory of all properties, movable and immovable in the ownership, possession, power or control of the Trust and place it on the record of this appeal by the next date fixed. After the records are received, it would be open for the respondents to move an application for expediting the hearing of the appeal."
2. Learned counsel for the applicant has submitted that despite the restraint order passed by the First Appellate Court, some private persons are trying to change the nature of the immovable property. The direction as issued by the First Appellate Court restrained the appellant from alienating or changing the nature of any immovable property belonging to the Trust except with the prior permission of the Court.
3. It is also an admitted case that the private respondent nos. 5 to 8 in the present contempt application are neither a party in the suit nor in the appeal. The restraint was against the appellant i.e. the applicant in the present contempt application.
4. After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present contempt application as dismissed as not pressed with liberty to file the suit for
injunction against the private respondents.
5. As such, the present contempt application is dismissed as not pressed with liberty to avail the remedy as may be permissible under the law.
Order Date :- 10.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench