SOMAROO @ JALALUDDIN v. ILIASH @ COMPANY AND 30 OTHERS
CAPL/1063/2025 · 2025-03-10
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28621 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28621 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35264 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1063 of 2025 Applicant :- Somaroo @ Jalaluddin Opposite Party :- Iliash @ Company And 30 Others Counsel for Applicant :- Ram Prakash Ram 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 1.8.2018 passed by this Court in Writ - B No. 4650 of 2018. The applicant pleads that the status of the plot has been changed by the opposite parties by executing a sale deed dated 31.8.2024 and also by making constructions over the disputed plot. So far as sale deed dated 31.8.2024 is concerned, 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 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. So far as the constructions over the plot are concerned, the issue raised by the applicant involves disputed questions of fact which cannot be decided on affidavit evidence. In view of the aforesaid, it is not a case to institute 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