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2025 DAILYLAW 27682 (ALL)

RAM SAGAR v. GIRDHARI AND 6 OTHERS

CAPL/1065/2025 · 2025-03-10

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35287 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1065 of 2025 Applicant :- Ram Sagar Opposite Party :- Girdhari And 6 Others Counsel for Applicant :- Amit Kumar Pandey 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 29.7.2022 passed by this Court in Second Appeal No. 653 of 2005. It is the claim of the applicant that a sale deed has been executed by the opposite parties in the second appeal thereby willfully disobeying the order passed by this Court. 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 second appeal 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 :- 11.3.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad