Allahabad High Court

MATA PRASADversusSRI SATYENDRA KUMAR AND 2 OTHERS

Decided: 19 April 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The contempt application was dismissed as no case for contempt was made out.

Summary

The applicant, Mata Prasad, filed Original Suit No.1 of 1999 in which a temporary injunction was granted on 29 January 1999. The suit remains pending and the applicant alleges that the opposite parties, Sri Satyendra Kumar and two others, have violated the injunction. The applicant then filed a contempt application before the High Court. The Court observed that the appropriate remedy for alleged violation of an injunction is an application under Order 39 Rule 2‑A of the Civil Procedure Code, not a contempt proceeding. Consequently, the Court held that no case for contempt was made out and dismissed the contempt application.

Issues considered

Whether a contempt of court application is maintainable when the remedy of filing an application under Order 39 Rule 2‑A of the CPC is available.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 2-A

Subjects

temporary injunction
contempt of court
CPC Order 39
injunction violation
civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CONTEMPT APPLICATION (CIVIL) No. - 2503 of 2026

                                    Mata Prasad
                                                                                               .....Applicant(s)
                                                                      Versus

                                    Sri Satyendra Kumar And 2 Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                   :   Pramod Kumar Pathak
                                    Counsel for Opposite Party(s)              :

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. Applicant before this Court had instituted an Original Suit No.1 of 1999,
                                    in which, temporary injunction was granted on 29.01.1999. It is contended
                                    that civil suit is still pending and the opposite party has violated the
                                    injunction.

                                    2. As the applicant has a remedy of filing an application under Order 39
                                    Rule 2-A of CPC before the Court concerned, no case for contempt is made
                                    out.

                                    3. Contempt application is misconceived and the same stands dismissed.


                                                                                    (Rohit Ranjan Agarwal,J.)
                                    April 20, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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