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2025 DAILYLAW 186395 (ALL)

AWADHESH CHANDRA v. SMT. URMILA AND ANOTHER

/3697/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3697 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Present contempt application has been preferred for alleged non- compliance of the interim order dated 30.09.2022. Learned Counsel for the applicant has submitted that the applicant was respondent no. 3 in the writ petition and the respondent no. 7 has executed gift deed on 19.11.2024 though the Writ Court while passing interim order has restrained the parties from alienating or creating any third party interests. On being asked from learned counsel for the applicant how and whether he is aggrieved party or not, he has submitted that he is not an aggrieved party but the direction is there and the contempt application is maintainable under Section 11 of the Contempt of Courts Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is found that it is an admitted case that the applicant is the respondent no. 3 in the writ petition and he has also admitted that he is not an aggrieved party by execution of the gift deed by respondent no. 7. As far as submission regarding maintainability of the present contempt application under Section 11 of the Contempt of Courts Act, 1971 as submitted by the learned counsel for the applicant is not attracted in the present case for the reason that Section 11 of the Contempt of Courts Act, 1971 provides that the High Curt shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it. Versus Counsel for Applicant(s) : Abhishek Vishwakarma, Raj Srivastava Counsel for Opposite Party(s) : Awadhesh Chandra .....Applicant(s) Smt. Urmila And Another .....Opposite Party(s) This point/question is not involved in the present case. The petitioner has not filed the contempt application before this Court till date. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit, hence, dismissed. November 20, 2025 Ashish CAPL No. 3697 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench