Sada Sukh vs Amal Singh
2014 Latest Caselaw 4141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4437 of 2014
 

 
Applicant :- Sada Sukh
 
Opposite Party :- Amal Singh
 
Counsel for Applicant :- Ashish Chandra Nishad
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Ashish Chandra Nishad, learned counsel for applicant.

This contempt application has been filed for alleged willful disobedience of order dated 3.2.2014 in Civil Misc. Writ Petition No.6509/2014. 

Petitioner Ram Chandra in proceeding arising out of Section 34 of U.P. Land Revenue Act, filed aforesaid writ petition, wherein the Court on 3.2.2014 granted an interim measure that without prejudice to the right and contention of parties, during the pendency of writ petition, no third party right shall be created.

It is urged that one Amal Singh in willful disobedience of order dated 3.2.2014, executed a registered sale deed in favour of Smt. Kiran Singh on 20.3.2012.

The facts borne from the record, reveal that petitioner before writ court, i.e., Ram Chandra had executed a sale deed of the plot in dispute in favour of one Siya Dulari on 26.2.2005 and thereafter the latter executed a registered sale deed in favour of one Amal Singh on 20.3.2014. 

Admittedly, Amal Singh was not a party to writ proceedings.  Order dated 3.2.2014 could not bind him so as to restrain him before alienating the property in dispute.  Ram Chandra, petitioner in writ petition, had already executed a sale deed on 26.2.2008, much prior to the filing of the Writ Petition.

In view of aforesaid,  no willful contempt is maintainable against opposite parties.

The contempt application is dismissed.

Order Date :- 7.8.2014

Chandra