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2025 DAILYLAW 54720 (ALL)

ROHIT KUMAR PANDEY v. MR. RAJESH KUMAR GUPTA, THE SUB REGISTRAR

CAPL/2156/2025 · 2025-05-08

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75417 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2156 of 2025 Applicant :- Rohit Kumar Pandey Opposite Party :- Mr. Rajesh Kumar Gupta, The Sub Registrar Counsel for Applicant :- Adya Prasad Tewari Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 2.8.2023 passed by the Civil Judge (Senior Division), Sant Kabir Nagar in Civil Suit No. 98 of 2023. Through order dated 2.8.2023 the court below granted an ex- parte temporary injunction and, amongst other, restrained the parties from executing any deed transferring the rights in the suit property. It appears from the averment in the affidavit that the defendants executed a sale-deed and got it registered in the office of the Sub-Registrar. The applicant in the present contempt application states that the order of the court had been served on the Sub-Registrar, but despite knowledge of the order, the Sub-Registrar registered the sale-deed and thereby disobeyed the order passed by the court below. It is interesting to note that the vendors in the sale-deed have not been impleaded as contemnors in the present contempt application. The order passed by the trial court was an injunction order and does not bind the Sub-Registrar. The injunction was only against the defendants in the case. It is not a case to register proceedings under the Contempt of Courts Act, 1971. The contempt application is dismissed. Order Date :- 9.5.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad