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Allahabad High Court

GANGAversusRAJESH PRATAP SINGH AND 2 OTHERS

Decided

Holding

A contempt application is not maintainable where the alleged contempt relates to a demand for possession in the absence of any court order directing such possession.

Summary

The High Court examined a contempt application filed by Ganga against Rajesh Pratap Singh and two others. The applicant sought possession of a disputed property and alleged contempt of the court. The Court noted that an interim order dated 24 September 2025 in Writ‑C No.33557 of 2025 did not grant any possession to the applicant. Since there was no court order directing the opposite parties to deliver possession, the alleged contempt could not arise. Consequently, the Court held that the contempt application was misconceived and dismissed it.

Issues considered

  • Whether a contempt application is maintainable when the plaintiff is merely seeking possession of property without a specific court order directing possession.

Subjects

  • contempt of court
  • possession
  • writ petition
  • interim order
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 2683 of 2026

                                    Ganga
                                                                                            .....Applicant(s)
                                                                     Versus

                                    Rajesh Pratap Singh And 2 Others
                                                                                                .....Opposite
                                                                                                      Party(s)

                                    Counsel for Applicant(s)      : Alok Kumar Yadav, Guddu Kumar,
                                                                    Sukesh Kumar
                                    Counsel for Opposite Party(s) :

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

                                    1. Perused the interim order granted on 24.09.2025 passed in Writ-C
                                    No.33557 of 2025.

                                    2. No case for contempt is made out as applicant is seeking possession
                                    over the property in dispute. There is no order of the writ Court for
                                    delivering possession over the property in dispute.

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



                                                                                 (Rohit Ranjan Agarwal,J.)
                                    April 23, 2026
                                    SK Goswami




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

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