Smt. Hashmi vs Smt. Salamti And Another
2023 Latest Caselaw 6002 ALL

Citation : 2023 Latest Caselaw 6002 ALL
Judgement Date : 23 February, 2023

Allahabad High Court

Smt. Hashmi vs Smt. Salamti And Another on 23 February, 2023

Bench: Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 684 of 2023
 

 
Applicant :- Smt. Hashmi
 
Opposite Party :- Smt. Salamti And Another
 
Counsel for Applicant :- Virendra Kumar Jaiswal
 

 
Hon'ble Piyush Agrawal,J.

Supplementary affidavit filed today, is taken on record.

Heard learned counsel for the applicant.

Vide order dated 18.9.2013 passed in Second Appeal No. 993 of 2013 filed by the applicant, the writ Court directed as under:

"Admit.

Summon the lower court records.

Since respondents are represented through caveat hence there is no need to issue notice.

Until further orders parties shall maintain status quo and the execution of the judgment of both the courts below shall remain stayed. "

Learned counsel for the applicant submits that the said second appeal is still pending and the interim order dated 18.9.2013 is not modified during pending of the second appeal. He submits that the opposite parties are contesting the appeal as such they are well aware of the interim order dated 18.9.2013 but during pending of the said appeal they are changing the nature of the property by creating their party right and executed an agreement to sell dated 25.6.2022, a copy of which has been annexed as Annexure no. 5 to this contempt application. Thus, the opposite parties have willfully disobeyed the interim order and committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

From a perusal of the records of the case, a prima facie case for contempt is made out against the opposite parties for willful disobedience of the writ Court order.

Issue notice to the opposite parties returnable at an early date.

Necessary steps shall be taken within a week.

The opposite parties shall appear in person or through counsel on the next date fixed before this Court to show cause as to why contempt proceedings may not be initiated for willful disobedience of the writ Court's order.

The Office shall send a copy of this order along with the notice.

List on 13.4.2023 as fresh.

Order Date :- 23.2.2023

Rahul Dwivedi/-