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2025 DAILYLAW 22543 (ALL)

SHIV MOHAN v. RANVIJAY SINGH, NAYAB TEHSILDAR, TEHSIL KORAON AND 5 OTHERS

CAPL/869/2025 · 2025-02-26

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27118 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 869 of 2025 Applicant :- Shiv Mohan Opposite Party :- Ranvijay Singh, Nayab Tehsildar, Tehsil Koraon And 5 Others Counsel for Applicant :- Ram Neta Singh,Surya Prakash Maurya Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant. The present contempt application has been filed pleading willful disobedience of the order dated 19.9.1980 passed by this Court in Civil Misc. Writ Petition No. 8023 of 1980. It has been stated in the contempt application that the opposite parties have violated the order passed by this Court by executing different sale deeds regarding the disputed plots. Mere execution of sale deeds of the disputed plots is not by itself sufficient to institute proceedings under the Contempt of Courts Act, 1971. The validity of the sale deeds 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 :- 27.2.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad