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2025 DAILYLAW 65149 (ALL)

SMT. SEEMA RAHMAN @ ANJUM RAHMAN v. MR. JOGENDRA KUMAR AND 5 OTHERS

CAPL/2787/2025 · 2025-05-29

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93480 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2787 of 2025 Applicant :- Smt. Seema Rahman @ Anjum Rahman Opposite Party :- Mr. Jogendra Kumar And 5 Others Counsel for Applicant :- Aijaz Ahmad Khan Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the applicant. 2. The present contempt application has been filed pleading willful disobedience of the order dated 18.10.2022 passed by this Court in Matters Under Article 227 No. 9211 of 2022. 3. Earlier, the applicant has filed Contempt Application(Civil) No. 735 of 2025 for the violation of the very same order of the writ Court, which was dismissed vide order dated 19.02.2025. The order dated 19.02.2025 is being quoted hereinbelow: "The present application has been filed pleading willful disobedience of the order dated 18.10.2022 passed by this Court in Matters Under Article 227 No. 9211 of 2022. It has been pleaded in the affidavit that the opposite party has constructed a boundary wall changing the status quo prevailing at the spot at the time of passing the order. The issues raised in the present contempt application are disputed questions of facts which cannot be decided on affidavit evidence, therefore, it is not a fit case to register proceedings under Contempt of Courts Act, 1971. The contempt application is dismissed." 4. This is the second contempt application for violation of the same order of the writ Court. Once the first contempt application has already been dismissed 19.02.2025, there is no occasion for this Court to entertain present contempt application. 5. Therefore, under such facts of the case The contempt application fails and is hereby dismissed. Order Date :- 30.5.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad