Neutral Citation No. - 2024:AHC:157444
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6275 of 2024
Applicant :- Digvijay Singh
Opposite Party :- Shri Amit Gupta, Commissioner And 10 Others
Counsel for Applicant :- Vijay Kumar Mishra
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading
willful disobedience of the order dated 13.9.2002 passed by
this Court in Civil Revision No.401 of 2002 whereby this
Court had directed that till the disposal of the application for
temporary injunction filed by the plaintiff, the defendant shall
not alienate or transfer the land in dispute by sale or
otherwise.
It has been stated that the defendant has executed a sale
deed in violation of the order passed by the writ court.
The execution of the sale deed does not amount to willful
disobedience of the order of the Court. In light of Section 52
of the Transfer of Property Act, 1882, the validity of the sale
deed would be dependent on the decision of the Original
Suit. The execution of the sale deed does not substantially
interfere in the process of justice and the mere execution of
sale deed neither changes the nature nor possession of the
parties.
It is not a case for proceedings under the Contempt of
Courts Act, 1971.
The application is dismissed.
Order Date :- 26.9.2024
IB