Digvijay Singh v. Shri Amit Gupta, Commissioner And 10 Others

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