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2026 DAILYLAW 1611 (ALL)

FATEH BAHADUR v. ARUN KUMAR GIRI, SUB DIVISIONAL MAGISTRATE AND 11 OTHERS

CAPL/3256/2026 · 2026-05-17

Kshitij Shailendra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 3256 of 2026 Court No. - 9 HON'BLE KSHITIJ SHAILENDRA, J. 1. It is alleged that order of status quo passed in Second Appeal No.640 of 2004, which is alleged to be pending has been violated by the other side. The provisions of Order XXXIX Rule 2-A CPC continue to subsist even during pendency of second appeal and in such matters, filing of a separate contempt application under Section 12 of the Contempt of Courts Act, 1971 may not be an appropriate remedy. 2. Without expressing any opinion on the merits of the contention raised, this contempt application is disposed of with liberty to the applicant to file an application under Order XXXIX Rule 2-A CPC in the pending second appeal, after serving its copy on the other side. May 18, 2026 Jyotsana Versus Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : (Kshitij Shailendra,J.) Fateh Bahadur .....Applicant(s) Arun Kumar Giri, Sub Divisional Magistrate and 11 others .....Opposite Party(s) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad