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2025 DAILYLAW 190238 (ALL)

ANIL SINGH CHHABRA v. SANDEEP SINGH CHHABRA AND ANOTHER

CAPL/3680/2025 · 2025-11-18

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3680 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred against the alleged non- compliance of the judgment and order dated 01.05.2025 passed in F.A.F.O. No. 172 of 2024 whereby the Court has directed the authorities to maintain status quo on the property in dispute as it was on 01.5.2025. It is an admitted case of the applicant that he had held diwali mela for 2 days by raising temporary structure in the same premises, which is subject matter of dispute in the pending civil suit between the parties. Learned counsel for the applicant has submitted that holding of two days diwali mela by raising temporary structure in the same premises does not amount to violation of judgment and order of the Court passed in First Appeal From Order no. 172 of 2024 as the mela was held by raising temporary structure. The said submission of the learned counsel for the applicant is not tenable in the eyes of law for the reason that there is a specific order passed in the first appeal from order by this Court to maintain "status quo as it exists today" and when the order was passed there was no mela or any temporary structure made by the applicant. So in case, in future, the applicant wanted to change the status as it existed on the date of the order, which is subject matter of the dispute in the Civil Suit then he should have Versus Counsel for Applicant(s) : Shivam Sharma Counsel for Opposite Party(s) : Anil Singh Chhabra .....Applicant(s) Sandeep Singh Chhabra And Another .....Opposite Party(s) taken the permission from the court concerned thus, the said submission of the learned counsel for the applicant that the action of police removing the temporary structure amounts to contempt, is not available to him. It is the applicant who has violated the judgment and order whereas the Police authorities has maintained the status quo over the site in question by taking the action in compliance of the judgment and order passed in the First Appeal From Order. In view of the facts, circumstances and observation, the present contempt application is hereby dismissed. November 18, 2025 Ashish CAPL No. 3680 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench