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Allahabad High Court

IBNE HARABversusSURENDRA KUMAR TIWARI

Decided

Holding

The contempt petition is consigned to the record, leaving the matter open for the applicant to challenge the later order in the appropriate forum.

Summary

Ibne Harab filed a contempt petition alleging that Surendra Kumar Tiwari failed to comply with the order dated 25 July 2025 in Writ A No. 10085 of 2025, which required the opposite party to consider the applicant’s application. The opposite party produced an order dated 2 May 2026 deciding the claim, which the applicant did not dispute. The court directed that a copy of the instructions be served on the applicant’s counsel. Consequently, the contempt application was consigned to the record, allowing the applicant to challenge the 2 May 2026 order in the appropriate forum. The instructions filed were taken on record as Appendix‑A.

Issues considered

  • Whether the opposite party’s order dated 2 May 2026 amounts to compliance with the earlier order dated 25 July 2025.
  • Whether the contempt petition is maintainable in view of the production of the later order.

Subjects

  • contempt of court
  • non‑compliance of order
  • writ petition
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 2936 of 2026

                                    Ibne Harab
                                                                                             .....Applicant(s)
                                                                     Versus

                                    Surendra Kumar Tiwari
                                                                                                .....Opposite
                                                                                                      Party(s)

                                    Counsel for Applicant(s)      : Aishwarya Kumar Singh, Rajesh
                                                                    Kumar Singh, Utkarsh Kumar Singh
                                    Counsel for Opposite Party(s) :

                                    Court No. - 53
                                                       HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard learned counsel for the applicant as well as learned Standing
                                    Counsel.
                                    2. The present contempt petition has been preferred alleging non-
                                    compliance of the order dated 25.07.2025 passed in Writ A No. 10085 of
                                    2025 which required the opposite party to consider the application of the
                                    applicant.
                                    3. Today Sri Yatindra has produced the order dated 02.05.2026, deciding
                                    the claim.
                                    4. The said fact has not been disputed by the learned counsel for the
                                    applicant. Let a copy of the instructions be served upon the learned
                                    counsel for the applicant.
                                    5. Accordingly, the contempt application stands consigned to record,
                                    leaving it open for the applicant to question the said order before
                                    appropriate forum in accordance with law.
                                    6. Instructions have been filed today is taken on record and marked as
                                    Appendix-A.


                                                                                         (Vikas Budhwar,J.)
                                    September 18, 2026
                                    Ashu




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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