This high court dismissed a contempt application alleging willful disobedience of an order regarding construction on suit property. The court held that the applicants had the remedy to approach the lower court.
Contempt application dismissed holding that remedy lies in approaching the lower court.
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Neutral Citation No. - 2024:AHC:133613
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5387 of 2024
Applicant :- Renu Singh And Another Opposite Party :- Pramila Dubey And 7 Others Counsel for Applicant :- Ramesh Chandra Tiwari
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicants.
The present contempt application has been filed pleading willful disobedience of the order dated 28.4.2015 passed by this Court in Matters under Article 227 No. 1684 of 2015.
Through order dated 28.4.2015, this Court had refused to interfere in the order dated 10.3.2015 passed by the lower appellate court in Misc. Civil Appeal No. 25 of 2015 whereby the lower appellate court had directed that no new constructions shall be made on the suit property and the nature of the road shall not be changed during the pendency of the suit before the trial court. Through order dated 28.4.2015, the Writ Court had only clarified the order of the appellate court.
The applicants have the remedy to approach the lower court and it is not a case for instituting proceedings under the Contempt of Courts Act, 1971.
The application is dismissed .
Order Date :- 21.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants have the proper remedy to approach the lower court instead of instituting contempt proceedings for alleged willful disobedience.
1 provisions across 1 enactments
Renu Singh
Anonymous Second Applicant
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
