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2025 DAILYLAW 58433 (ALL)

GENDA LAL v. DEEN DAYAL KAUSHIK AND ANOTHER

CAPL/2294/2025 · 2025-05-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80936 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2294 of 2025 Applicant :- Genda Lal Opposite Party :- Deen Dayal Kaushik And Another Counsel for Applicant :- Saurabh Kumar Pandey,Vijay Bhan Singh Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 02.04.2013 passed by this Court in Writ - B No. 17408 of 2013. Through the aforesaid order dated 02.04.2013, this Court had restrained the parties from creating any third party right over the disputed land. It is the allegation of the applicant that sale deeds have been executed by the opposite parties creating third party rights in the disputed land. 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 :- 16.5.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad