Haripal vs Sarvesh Kumar S.D.M. And 2 Others
2022 Latest Caselaw 605 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 158 of 2022
 

 
Applicant :- Haripal
 
Opposite Party :- Sarvesh Kumar S.D.M. And 2 Others
 
Counsel for Applicant :- Vivek Tripathi,Rakesh Tripathi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

A supplementary affidavit has been filed today, which is taken on record.

Heard Sri Rakesh Tripathi, learned counsel for the applicant.

It is contended by learned counsel for the applicant that in Second Appeal No. 1233 of 2007, this Court on 28.11.2007 directed the parties to maintain status quo in respect to nature and possession over the property in dispute.

The present proceeding has been initiated against S.D.M., Tehsil- Belthra Road, Ballia and Tehsildar, Tehsil- Belthra Road, Ballia. Both the officers of the State were not party in civil proceedings initiated by applicant either before the courts below or before this Court.

Judgment in civil proceedings is binding between the parties inter se and is a judgment in persona and not in rem.

As this Court had directed the parties in second appeal to maintain status quo over the property in dispute, any action taken by opposite party nos. 1 and 2 would not amount to contempt of Court.

Contempt application is misconceived and is hereby dismissed.

Order Date :- 6.4.2022

V.S.Singh