Neutral Citation No. - 2025:AHC:41635 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6227 of 2022 Applicant :- Washif Ali Rahmani Opposite Party :- Smt. Anita Rani And Another Counsel for Applicant :- Smt. Krishna Singh Counsel for Opposite Party :- Ravindra Kumar Dwivedi Hon'ble Salil Kumar Rai,J. 1. Heard the counsel for the applicant. 2. The present contempt application has been filed pleading willful disobedience of the order dated 09.10.2014 passed by this Court in SCC Revision No.454 of 2014 whereby this Court had stayed the execution of the order dated 06.09.2014 passed in SCC Suit No.14 of 2008 provided the revisionist-tenant, i.e. the applicant in the present contempt application, deposits rent @1500/- per month w.e.f. 01.10.2014 by the 10th of each succeeding month in addition to the amount as decreed by the court below. 3. A perusal of the paragraph No.8 of the affidavit filed by the applicants discloses that in 2022 the applicant did not deposit the rent of July and August, 2022 on the time stipulated in the order dated 09.10.2014 and also did not get the order dated 09.10.2014 passed by this Court modified. 4. In view of the aforesaid, no contemptuous conduct can be imputed to the opposite party. It is the case of the applicant that the premises were demolished by the opposite party in violation of the order dated 09.10.2014. 5. The case of the applicant in the counter affidavit is that the premises were in dilapidated condition and building fell down by itself because of heavy rains. It has also been stated in the counter affidavit that the opposite party No.1 had expired on 08.03.2020, therefore, could not have committed the act complained of in the contempt application. The death certificate of opposite party No.1 has been annexed as Annexure No.CA-9 to the counter affidavit. 6. The fact that the opposite party No.1 had died much before the contempt application was filed indicates that the averments made in the affidavit filed in support of the contempt application cannot be relied upon for proceeding further in the contempt application. 7. In view of the aforesaid reasons, the contempt application is dismissed. Notice is discharged. Order Date :- 21.3.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad