Dhirendra Kumar Sharma and 3 Others vs Satendra Kumar Jain and 4 Others

Neutral Citation No. - 2024:AHC:139548

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5619 of 2024

Applicant :- Dhirendra Kumar Sharma And 3 Others Opposite Party :- Satendra Kumar Jain And 4 Others Counsel for Applicant :- Manish Mishra,Surendra Prasad Mishra

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Hon'ble Salil Kumar Rai,J.

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Heard the counsel for the applicants.

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The present contempt application has been filed pleading willful disobedience by the opposite parties of the order dated 18.4.2024 passed by this Court in First Appeal From Order No. 668 of 2024.

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First Appeal From Order No. 668 of 2024 arose out of the order dated 20.3.2024 passed by the trial court in Original Suit No. 568 of 2023 by which the trial court had dismissed the application for temporary injunction (Paper No. 6-C) filed by the applicants under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908. While issuing notice in the aforesaid case, this Court vide its order dated 18.4.2024 directed the parties to maintain status-quo in respect of suit property as on today.

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From the pleadings in the application, it transpires that the opposite parties were claiming the suit property as path way which the applicants deny and claim it to be their private property. It transpires that on the date of the order, the property was being used as path way and the contention pleaded in the present application is also that despite order dated 18.4.2024, the opposite parties are using the suit property as path way.

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No willful disobedience can be imputed to the opposite parties as on the date of the order passed by this Court, the property was being used as path way by the opposite parties.

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No case of contempt is made out. The application is dismissed .

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Order Date :- 30.8.2024 Satyam

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Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad

Dhirendra Kumar Sharma and 3 Others v. Satendra Kumar Jain and 4 Others

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Dhirendra Kumar Sharma and 3 Others v. Satendra Kumar Jain and 4 Others

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