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2025 DAILYLAW 22099 (ALL)

PRABHU NARAIN CHADDHA v. KARTAR NARAYAN

CAPL/897/2025 · 2025-02-27

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28413 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 897 of 2025 Applicant :- Prabhu Narain Chaddha Opposite Party :- Kartar Narayan Counsel for Applicant :- Deepak Kumar Jaiswal Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 14.9.2022 passed by this Court in Writ B No.1665 of 2022. It is the claim of the applicant that the opposite party has executed sale deeds and thereby violated the order dated 14.9.2022 passed by this Court restraining the parties to create any third party interest in the disputed property. Mere execution of sale deeds of the disputed plots are 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 proceedings under the Contempt of Courts Act, 1971 in view of Section 13(a). The application is dismissed. Order Date:28.2.2025 IB Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad