In this contempt application regarding non-vacation of premises, the court held that the appropriate remedy was execution of the decree rather than contempt proceedings, leading to dismissal of the application.
The contempt application is dismissed; the applicant is directed to proceed with execution of the decree.
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Neutral Citation No. - 2024:AHC:132792
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5345 of 2024
Applicant :- Abhay Rastogi Opposite Party :- Dr Atul Singh Gangwar Counsel for Applicant :- Kamal Kishor Mishra,Sharad Rastogi
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading non-compliance of the order dated 26.07.2023 passed by this Court in Matters Under Article No.7464 of 2023.
The disobedience has been pleaded on the ground that the opposite party has not vacated the premises despite his undertaking recorded in the order dated 26.7.2023 whereby certain liberties were given to the opposite party on the undertaking of the opposite party that he shall vacate the disputed premises by 31.7.2024.
It is not a case to institute proceedings under the Contempt of Courts Act, 1971.
The applicant has the remedy to proceed with the execution of the decree/order challenged in Matters Under Article 227 No.7464 of 2023.
The contempt application is dismissed.
Order Date :- 20.8.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether a remedy under the Contempt of Courts Act, 1971 is appropriate for non-compliance with a court order when an execution petition is available.
1 provisions across 1 enactments
Abhay Rastogi
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
