The court disposed of a contempt application filed regarding a property dispute where a status quo order existed. The applicant failed to provide evidence of possession. Consequently, the court held the application misconceived and dismissed it.
Contempt application dismissed for lack of evidence regarding possession by the applicant.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2622 of 2018
Applicant :- Hariram And Ors. Opposite Party :- Khubiram And Ors. Counsel for Applicant :- Pradeep Kumar Tiwari
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants and learned counsel for the opposite party.
Learned counsel for the applicant submits that the present contempt is filed with the averments that the order dated 19.06.2017 passed in Writ Petition No.13658 of 2017, the dispute in question was arisen in the mutation proceedings and order was passed in favour of the applicant by the Board of Revenue, and thereafter, possession was handed over to the applicant, but the order of Board of Revenue was challenged before this Court in the aforesaid petition and order of status qua was passed by this Court as the opposite parties are trying the dispossessed the applicant, therefore, present application was filed.
It is evident that learned counsel for the applicant fails to show the evidence related to his possession over the property in question, therefore, present contempt application is misconceived and accordingly, dismissed.
However, it is open to the applicant to move appropriate application in the aforesaid petition for expedite disposal.
Order Date :- 13.12.2022 Amit/-
Digitally signed by AMIT KUMAR Date: 2022.12.14 10:05:29 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt application filed by the applicant in defiance of a status quo order is maintainable given the lack of evidence for possession.
Hariram And Ors.
Rajeev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
