Contempt application alleging disobedience of an Allahabad civil court injunction order was dismissed, the High Court directing the applicant instead to enforce the order through the civil court under Order 39 Rule 2A CPC.
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Neutral Citation No. - 2025:AHC:3994
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 45 of 2025
Applicant :- Mohd Anees Opposite Party :- Rajesh Maurya And 2 Others Counsel for Applicant :- Azizur Rahman Khan,Zia Uddin Ahmad
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 23.12.2024 passed by the Additional Civil Judge (Junior Division), Room No. 8, Allahabad.
The applicant has the remedy to approach the civil court itself under Order 39 Rule 2A of the Code of Civil Procedure, 1908.
In view of the aforesaid, it is not case for registering the proceedings under the Contempt of Courts Act, 1971.
The contempt application is dismissed.
Order Date :- 8.1.2025 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether willful disobedience of a civil court injunction order should be pursued as contempt or via Order 39 Rule 2A CPC remedies?
2 provisions across 2 enactments
Mohd Anees
Rajesh Maurya
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
