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2025 DAILYLAW 8257 (ALL)

ARVIND KUMAR VERMA AND 2 OTHERS v. KANCHAN LATA AND 8 OTHERS

CAPL/691/2023 · 2025-03-17

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38853 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 691 of 2023 Applicant :- Arvind Kumar Verma And 2 Others Opposite Party :- Kanchan Lata And 8 Others Counsel for Applicant :- Sarvesh Kumar Singh Counsel for Opposite Party :- Akhilendra Choubey,Jyoti Kumar Singh,Raj Kumar Singh,Vishakha Pande Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading wilful disobedience of the order dated 18.11.2022 passed in Writ B No. 2610 of 2022 whereby this Court had directed the parties to the writ petition to maintain the status quo regarding the nature, character and possession over the property in dispute. It has been pleaded by the applicants that the sale deeds have been executed in favour of the opposite parties which are in disobedience of the order 18.11.2022. A perusal of the records indicates that certain sale deeds were executed by the respondent No. 5 in the writ petition before the order dated 18.11.2022 and one sale deed was executed just two days after the order dated 18.11.2022. In view of the aforesaid, no wilful disobedience of the order dated 18.11.2022 passed by the Writ Court can be imputed to the opposite party in the present contempt application. It is also noted that the opposite parties were not impleaded in the writ petition as the respondents. Even otherwise, the validity of the sale deeds is dependent on the decision in Writ B No. 2610 of 2022 in the light of Section 52 of the Transfer of Property Act. It is not a case to proceed further under The Contempt of Courts Act, 1971. No further orders are required to be passed in the present contempt application. The application is dismissed. Notice issued to the opposite party is discharged. Order Date :- 18.3.2025/Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad