Dismissed¶12

Mohd Masoom Raza v. Mohd Islam and Another

Allahabad HC18 Mar 2025CAPL/1142/2025

Case brief

AI extract

What is this about?

Contempt application dismissed; willful disobedience; restraint order dated 8.2.2019 in Writ - C No. 4338 of 2019; gift deed; mutation application; donee/purchaser not liable for alienation by restrained transferor; lis pendens; Section 52 Transfer of Property Act, 1882; Contempt of Courts Act, 1971; Akhtari Beguem; Mohd Masoom Raza v. Mohd Islam; High Court of Judicature at Allahabad; Salil Kumar Rai, J.; Neutral Citation 2025:AHC:37945; Order Date 18.3.2025.

What did the court decide?

The restraint in the order dated 8.2.2019 was on the parties in Writ - C No. 4338 of 2019; the purchaser or donee of the property cannot be held liable for any alienation made by the petitioner, i.e., the person on whom the restrain order operated. ¶8

Mohd Masoom Raza vs Mohd Islam and Another — Contempt of Court | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:37945

¶2

Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1142 of 2025 Applicant :- Mohd Masoom Raza Opposite Party :- Mohd Islam And Another Counsel for Applicant :- Mohd Sakib,Rahul Jain

¶3

Hon'ble Salil Kumar Rai,J.

¶4

Heard the counsel for the applicant.

¶5

The present contempt application has been filed pleading willful disobedience of the order dated 8.2.2019 passed by this Court in Writ - C No. 4338 of 2019.

¶6

It has been pleaded in the affidavit that the petitioner in Writ - C No. 4338 of 2019 executed a gift deed in favour of opposite party no. 1 who on the basis of the said gift deed filed mutation applications before opposite party no. 2. It is pleaded that for the aforesaid reason, the opposite parties have willfully disobeyed the order passed by this Court. It has also been brought to the notice of the Court that Akhtari Beguem, i.e., the petitioner in Writ - C No. 4338 of 2019 has expired.

¶7

The restrain in the order dated 8.2.2019 was on the parties in Writ - C No. 4338 of 2019.

¶8

Akhtari Beguem was restrained from transferring or creating any third party interest in the same. The purchaser or the donee of the property cannot be held liable for any alienation made by the petitioner, i.e., the person on whom restrain order operated.

¶9

Apart from the aforesaid, the validity of the gift deed is dependent on the decision in Writ - C No. 4338 of 2019 or other proceedings where the title of Akhtari Beguem, i.e., the petitioner of Writ - C No. 4338 of 2019 is sub-judice in view of Section 52 of the Transfer of Property Act, 1882.

¶10

No disobedience of any order passed by this Court has been committed by the opposite party nos. 1 and 2.

¶11

It is not a case for instituting proceedings under the Contempt of Courts Act, 1971.

¶12

The application is dismissed .

¶13

Order Date :- 18.3.2025/Satyam

¶14

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

Mohd Masoom Raza v. Mohd Islam and Another

Case brief

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Mohd Masoom Raza v. Mohd Islam and Another

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