AMAR NATH MANI v. SHIVANG ALIAS SHIVANK MANI TRIPATHI AND 2 OTHERS
CAPL/3378/2024 · 2025-03-19
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63035 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63035 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41206 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3378 of 2024 Applicant :- Amar Nath Mani Opposite Party :- Shivang Alias Shivank Mani Tripathi And 2 Others Counsel for Applicant :- Akhilesh Kumar Pandey,Rituvendra Singh Nagvanshi,Sr. Advocate Counsel for Opposite Party :- Rishi Kant Rai,Vinay Kumar Jaiswal,Vishwa Nath Pandey Hon'ble Salil Kumar Rai,J.
1. Counter affidavit filed today by counsel for the opposite party is taken on record.
2. Heard the counsel for the applicant and the counsel for the opposite party.
3. The present contempt application has been filed pleading wilful disobedience of the order dated 06.12.2010 passed by this Court in Writ-B No.69497 of 2010.
4. The case of the applicant is that after interim order dated 06.12.2010 passed by this Court, several sale deeds have been executed by the opposite party.
5. Mere execution of sale deed 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.
6. In light of Section 13(a), it is not a case for instituting proceedings under the Contempt of Courts Act, 1971.
7. The application is dismissed. Notice is discharged. Order Date :- 20.3.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad