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2025 DAILYLAW 56315 (ALL)

SMT. NASREEN AND ANOTHER v. AFTAB AND 6 OTHERS

CAPL/2255/2025 · 2025-05-13

Salil Kumar Rai

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:78694 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2255 of 2025 Applicant :- Smt. Nasreen And Another Opposite Party :- Aftab And 6 Others Counsel for Applicant :- Virendra Kumar Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 18.11.2024 passed by this Court in Second Appeal No. 503 of 2024 whereby this Court had directed the parties to maintain status quo regarding the suit property, i.e., the property involved in Original Suit no. 543 of 1994. The applicant alleges that after the order dated 18.11.2024, the opposite parties have executed sale deeds transferring the suit property and have thereby disturbed the status quo which was to be maintained. 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 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 proceedings under the Contempt of Courts Act, 1971 in view of Section 13(a). The application is dismissed. Order Date :- 14.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad