Court No. - 33 Case :- CIVIL MISC REVIEW APPLICATION No. - 34 of 2025 Applicant :- Mohd Hashim Opposite Party :- Maulvi Mushtaq (Since Deceased) And 5 Others Counsel for Applicant :- Gopal Krishna Pandey Counsel for Opposite Party :- Anant Prakash Mishra Hon'ble Prakash Padia,J. 1. The present review application has been filed to review the judgment and order dated 27.07.2022 passed by this Court in Contempt Application (Civil) No. 4481 of 2014. The aforesaid order reads as follows:- "The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and decree dated 10.05.1909 passed by Subordinate Judge of Azamgarh in Civil Appeal No.325 of 1909. The operative portion of the judgement reads as follows :- "The appeal is allowed, and the plff. appellants ssuit is decreed as prayed with costs here and in the court below, with this reservation that "provided that the plffs in the exercise of his rights of worship do not interrupt or disturb the right of others" In paragraph 11 of the affidavit filed in support of the present contempt application it is stated that on 04.07.2014 when the applicant along-with his community went in Mosque to read the Namaz opposite parties restrained to read the Namaz. The paragraph 11 reads as follow :- "That what happened on 4.7.2014 when the applicant along with his community went in mosque to read the Namaz according to their ritual the opposite parties restrained to read the Namaz and also made the quarrel interfering with reading of Namaz by the applicant and his community according to his customs." Notices were issued to the opposite party. A counter affidavit has been filed by Sri Mazhar Ali on behalf of all the respondents. In paragraph 12 of the aforesaid affidavit it is stated that the respondents never prevented nor made any hindrance in praying Namaz in Mosque. The paragraph 12 of the affidavit reads as follows :- "That the contents of paragraph no.13 of the affidavit in support of the contempt application filed by the applicant, need not accepted as stated hence denied, in reply to the same it is further stated that the respondents neither prevented nor made any hindrance in praying the Namaz in Masque Maszid Khan Jahan." Heard learned counsel for the parties and perused the record. From perusal of the record specially in view of the averments made in paragraph 12 of the affidavit filed by Sri Mazhar Ali, Court is of the opinion that present contempt petition has now become infructuous. It is accordingly dismissed as infructuous." 2. It is argued that the aforesaid contempt application was dismissed as having become infructuous due to averments made in paragraph 12 of the counter affidavit filed in the aforesaid contempt application. It is argued that paragraph 12 of the affidavit was totally misread by this Court and due to wrong averments made in the paragraph 12 of the affidavit the contempt application dismissed as having become infructuous. It is further stated in ground no. 6 of the review application that after dismissal of the present contempt application the respondent-contemnours not only threatened Sri Iqbal Ahmad (the applicant in review) and others but also made alteration in the mosque by lying down a stone in the mosque by mentioning The Mosque Miyan Ji Khan Jahan is Now Mosque of Miyan Ji Khan Jahan Hanafi and also dared to again changed the nature of the mosque by writing Masjid Anhaf on 22.09.2014. 3. In this view of the matter it is argued that the judgment and order passed by this Court in the Contempt Application is liable to be recalled. 4. Heard counsel for the parties and perused the record. 5. From perusal of averments, as contained in ground No.6 of the Review Application, it was found by the Court that immediately after dismissal contempt application, the contempnor started threatening the applicant and also started making alteration in the mosque by laying down a stone in the mosque. 6. In this view of the matter, the Court is of the opinion that it is fit case to allow to allow the present Review Application and the recall the judgment and order dated 27.07.2022 passed in Contempt Application (Civil) No. 4481 of 2014. by this Court is recalled. 7. In view of the above, the judgment and order dated 27.07.2022 passed in Contempt Application (Civil) No. 4481 of 2014 is hereby recalled. 8. The application is allowed. and the contempt application is restored to its original number. 9. Office is directed to list the contempt application before appropriate Bench in the second week of August, 2025. Order Date :- 3.7.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad