Contempt application filed for alleged willful disobedience of a writ court order granting one year to vacate premises dismissed. The court found no disobedience as the applicant had already filed an execution application before the Civil Judge.
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Neutral Citation No. - 2024:AHC:144332
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5826 of 2024
Applicant :- Krishna Murari And Another Opposite Party :- Arun Kumar Gupta, Civil Judge (Senior Division)/F.T.C. And Another Counsel for Applicant :- Mahabir Yadav
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience by the opposite parties of the order dated 2.4.2024 passed by this Court in Writ-A No. 2192 of 2024 as modified by the order dated 30.5.2024.
Through the aforesaid orders, the Court had granted one year time to the opposite party to vacate the accommodation in dispute.
Writ-A No. 2192 of 2024 was filed by the opposite party challenging the orders of eviction passed against him in Rent Case No. 21 of 2013 and Rent Appeal No. 105 of 2021.
Through its orders passed in the writ petition, this Court had accepted the plea of the opposite party to grant him one year time to vacate the premises in dispute subject to certain conditions.
It has been stated that the opposite party has not complied with the conditions prescribed in the orders passed by the writ Court.
A perusal of the order dated 2.4.2024 shows that this Court had provided that the order dated 2.4.2024 would loose its effect in case the opposite party failed to fulfill any of the conditions imposed by the said order and the applicant-respondent shall be at liberty to proceed against the petitioner in accordance with law.
It has been stated in the contempt application that an execution application has been filed by the applicant before the opposite party No. 1.
In view of the aforesaid, there is no disobedience of the order passed by the writ Court so as to occasion proceedings under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 5.9.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 provisions across 1 enactments
Krishna Murari And Another
Salil Kumar Rai
As recorded by the court registry
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