In a contempt application alleging willful disobedience for execution of a sale deed during pendency of an appeal, the court held the application is not maintainable under the Contempt of Courts Act as the remedy lies elsewhere.
Application under Contempt of Courts Act dismissed; no proceedings initiated.
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Neutral Citation No. - 2024:AHC:148891
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6016 of 2024
Applicant :- Smt. Shakuntala Srivastava And 4 Others Opposite Party :- Smt. Maya Devi And 8 Others Counsel for Applicant :- Sunil Kumar Srivastava
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicants.
The present application has been filed pleading willful disobedience of the order passed by this Court by the opposite party nos. 1 to 5 because the opposite party nos. 1 to 5 had executed a sale deed in favour of the other opposite parties while a second appeal against the decree of the courts below was pending.
The second appeal has been dismissed. The second appeal was filed by the predecessor of opposite party no. 1. The validity of the sale deed is dependent on the decision in the second appeal and on the rights of parties as adjudicated by the courts below.
The applicants have the remedy to exercise any other remedy available to them in law and it is not a case for instituting proceedings under the Contempt of Courts Act, 1971.
The application is dismissed .
Order Date :- 12.9.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether an application filed for alleged willful disobedience of an order for executing a sale deed during pendency of appeal warrants proceedings under the Contempt of Courts Act.
Whether the remedy lies in invoking the Contempt of Courts Act when the validity of the act depends on an appeal dismissed in the second appeal.
If the matter can be disposed of by declining to initiate contempt proceedings and dismissing the application.
Smt. Shakuntala Srivastava And 4 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
