The High Court dismissed a contempt application filed to enforce an order regarding vacating a shop. The court held the matter to be a case for execution proceedings rather than contempt of court. (10 words)
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Neutral Citation No. - 2024:AHC:164968
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6112 of 2024
Applicant :- Umashankar Chaurasiya Opposite Party :- Ram Krishna Vishnoi Counsel for Applicant :- Sangam Singh
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed challenging the order dated 1.5.2023 passed by this Court in Writ - A No. 6711 of 2023 as modified by order dated 31.1.2024.
Through order dated 1.5.2023, this Court had granted nine months' time to the opposite party to vacate the shop in question and provided that on failure of the opposite party to fulfill any of the conditions prescribed in the order dated 1.5.2023, the applicant shall be at liberty to proceed against the opposite party in accordance with law.
It is the case of the applicant that the opposite party has not fulfilled the conditions prescribed in the order dated 1.5.2023.
The applicant has the liberty to institute execution proceedings for execution of the orders passed by the court below.
It is not a case to institute proceedings under the Contempt of Courts Act, 1971.
The application is dismissed .
Order Date :- 17.10.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present matter falls within the scope of contempt proceedings under the Contempt of Courts Act, 1971.
Umashankar Chaurasiya
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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