In this contempt application, the applicant alleged willful disobedience of a status quo order. The court held that the original order did not direct restoration of status quo ante and noted the respondent's existing possession. Consequently, the court found no disobedience warranting contempt proceedings.
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Neutral Citation No. - 2024:AHC:126292
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4515 of 2024
Applicant :- Mahendra Kumar Opposite Party :- Rajit Ram Yadav Counsel for Applicant :- Amar Bahadur Maurya
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 4.4.2023 passed by this Court in Application U/S 482 No. 11310 of 2023 whereby this Court had directed the parties to maintain status quo as on date with regard to the disputed land.
It appears from the records annexed with the affidavit filed in support of the contempt application that on the basis of the order dated 4.4.2023 the applicant filed an application dated 28.4.2023 before the Deputy District Magistrate/Tehsildar pleading that the opposite parties who had filed the application under Section 482 Cr.P.C. before this Court be dispossessed and the applicant be given possession of the residential premises as the possession of the opposite party was obtained illegally and by force.
It has been stated that no action has been taken on the aforesaid application and, therefore, the opposite party has committed contempt of Court.
The contention of the applicant is not acceptable.
The order dated 4.4.2023 does not direct for restoration of status quo ante. Further, the order of status quo was passed after noting the possession of the opposite party on the residential premises.
In view of the aforesaid, there is no disobedience of the order passed by this Court so as to occasion proceedings under the Contempt of Courts Act, 1971.
The application is dismissed.
Order Date :- 6.8.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant filed a valid contempt application regarding the alleged willful disobedience of the status quo order dated 4.4.2023.
Colour shows how this judgement treated each authority
Contempt of Courts Act, 1971Referred¶11
Mahendra Kumar
Salil Kumar Rai
Anurag Kumar Verma
As recorded by the court registry
2 orders share this CNR
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