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2025 DAILYLAW 30316 (ALL)

RAJESH KUMAR ALIAS RAJESHWAR KUMAR AND ANOTHER v. SHIV KUMAR AND 3 OTHERS

CAPL/1489/2024 · 2025-05-13

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79492 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1489 of 2024 Applicant :- Rajesh Kumar Alias Rajeshwar Kumar And Another Opposite Party :- Shiv Kumar And 3 Others Counsel for Applicant :- Dharm Vir Jaiswal,Harsh Vikram Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants. The present contempt application has been filed pleading non- compliance of the order dated 21.05.2018 passed by this Court in Writ - B No. 3942 of 2018 whereby this Court had restrained the parties from creating third party rights over the property in question. Mere execution of sale deeds 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. 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 :- 14.5.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad