Contempt application alleging disobedience of a 2020 writ order by transferring disputed property via sale deeds. The Court held that mere execution of sale deeds is insufficient for contempt under the Contempt of Courts Act, 1971, as validity depends on the lis and Section 52 of the Transfer of Property Act. Application dismissed.
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Neutral Citation No. - 2024:AHC:189815
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7476 of 2024
Applicant :- Ram Pyare Yadav Opposite Party :- Arun And 6 Others Counsel for Applicant :- Kamlesh Kumar Mishra
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading willful disobedience of the order dated 12.10.2020 passed by this Court in Writ - C No. 16049 of 2020.
It has been stated by the counsel for the applicant that in violation of the order dated 12.10.2020, the opposite parties have executed their sale deeds transferring the disputed property and have created third party rights in the same.
Mere execution of sale deeds of the disputed plot is not by itself sufficient to institute proceedings under the Contempt of Courts Act, 1971. The validity of the sale deeds would be dependent on the decision of the writ petition in light of Section 52 of the Transfer of Property Act, 1882 and also on the determination of the rights of the parties as adjudicated in different proceedings.
It is not a case for instituting proceedings under the Contempt of Courts Act, 1971.
The application is dismissed .
Order Date :- 4.12.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether mere execution of sale deeds transferring disputed property constitutes willful disobedience of a court order sufficient to warrant contempt proceedings.
2 provisions across 2 enactments
Ram Pyare Yadav
Arun And 6 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
