Allahabad High Court
Shishupal Singh vs Netrapal Singh on 28 August, 2024
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:137917 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 542 of 2023 Applicant :- Shishupal Singh Opposite Party :- Netrapal Singh Counsel for Applicant :- Sanjay Kumar Asthana Hon'ble Salil Kumar Rai,J.
Supplementary affidavit filed by the applicant is taken on record.
Heard the counsel for the applicant.
The present contempt application has been filed pleading willful disobedience by the opposite party of the order dated 28.10.2014 passed by this Court in Writ - B No. 55737 of 2014.
Through order dated 28.10.2014, this Court had stayed the operation of the order dated 25.9.2013 whereby the roadside land (Plot No. 419) of the applicant was allotted to the opposite party.
The disobedience pleaded by the applicant in the present application is that the opposite party has executed the sale deed of the portion allotted to him in Plot No. 419.
There is no averment that the opposite party or the vendees of the opposite party have taken possession of Plot No. 419 in pursuance to the order dated 25.9.2013.
The validity of the sale deed would be dependent on the final decision in Writ - B No. 55737 of 2014.
The validity of the sale deed is dependent on the operation of Section 52 of the Transfer of Property Act, 1882. The act of the opposite party does not by itself substantially interfere nor does it tend to interfere with the course of justice.
The order passed by this Court can be a ground for the applicant to oppose impleadment of the vendees of the opposite parties in the writ petition. It is not the case of the applicant that either the nature of the property or possession of the property has been changed by the vendor.
It is not a case for proceedings under the Contempt of Courts Act, 1971 in view of Section 13(a).
The application is dismissed.
Order Date :- 28.8.2024 Satyam