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2025 DAILYLAW 13791 (ALL)

ABDUL RAHMAN v. RAZA HUSAIN AND 5 OTHERS

CAPL/2508/2015 · 2025-03-18

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39685 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2508 of 2015 Applicant :- Abdul Rahman Opposite Party :- Raza Husain And 5 Others Counsel for Applicant :- R.U. Ansari, Riyaz Ahmad Counsel for Opposite Party :- Krishna Dutt Tiwari,S.C. Hon'ble Salil Kumar Rai,J. Order on C.M. Delay Condonation Application No. 04 of 2022 and C.M. Substitution Application No. 05 of 2022 The delay in filing the substitution application has been explained in the affidavit. The explanation is found sufficient. The delay in filing the substitution application is condoned and the delay condonation application is allowed. Substitution application is also allowed. Office is directed to carry out appropriate substitution in relation to sole applicant within a week as stated in the prayer clause of the application. Order on Contempt Application. Heard the counsel for the applicant. The present contempt application has been filed pleading wilful disobedience of the order dated 06.09.2006 passed by this Court in Civil Misc. Writ Petition No. 48793 of 2006. The case of the applicant is that despite the interim order, the opposite parties have transferred the rights in the property. Mere execution of sale deed of the disputed plot is not by itself sufficient to institute proceedings under the Contempt of Courts Act, 1971. The validity of the sale deed would be dependent on the decision of the writ petition in light of Section 52 of the Transfer of Property Act, 1882 and also on the determination of the rights of the parties as adjudicated in different proceedings. It is not a case for instituting proceedings under the Contempt of Courts Act, 1971. The application is dismissed. Order Date :- 19.3.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad