Applicants alleged willful disobedience of an order granting the opposite party one year to vacate premises subject to conditions. The court held that on failure of conditions the order lost effect and the applicants could proceed in accordance with law; contempt was not maintainable.
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Neutral Citation No. - 2025:AHC:71962
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2099 of 2025
Applicant :- Krishan Murari And Another Opposite Party :- Raj Kumar Vaid Counsel for Applicant :- Ganesh Mani
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 2.4.2024 passed by this Court in Writ-A No. 2192 of 2024, whereby this Court had granted one year to the opposite party to vacate the premises on fulfillment of certain conditions.
It is the claim of the applicant that the conditions prescribed in the order dated 2.4.2024 had not been fulfilled by the opposite party and the opposite party has also not vacated the premises.
The order dated 2.4.2024 itself provided that on failure of fulfillment of any conditions prescribed by the Court, the order dated 2.4.2024 would lose its effect and the applicant shall be at liberty to proceed against the opposite party in accordance with law.
The applicant has the remedy to proceed with the execution of the order passed by the prescribed authority and it is not a case to proceed under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 6.5.2025 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether willful disobedience of the order dated 2.4.2024 was made out warranting contempt proceedings, or whether the applicant should pursue execution remedies.
1 provisions across 1 enactments
Krishan Murari
Raj Kumar Vaid
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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