Allahabad High Court
RAM PRAKASH SEXENAversusHOME GUARD DHARMPAL AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is misconceived and dismissed as no case for contempt exists.
Summary
The applicant's father, Net Ram, obtained an interim order in Writ Petition No. 9808 of 1985 that barred his eviction from a disputed land. The applicant alleges that the opposite parties are attempting to dispossess him of the property. The contempt respondents were not parties to the original writ petition. The Court held that no case for contempt was made out and dismissed the contempt application as misconceived. However, the Court left open the possibility for the applicant to file an impleadment application before the writ court to bring the opposite parties into the original proceedings.
Issues considered
- Whether a contempt application is maintainable when the alleged contemnors are not parties to the original writ petition
- Whether the alleged conduct constitutes contempt of court
- Whether the applicant may seek impleadment of the opposite parties in the pending writ proceedings
Subjects
- contempt of court
- writ petition
- impleadment
- eviction
- land dispute
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3050 of 2026
Ram Prakash Sexena
.....Applicant(s)
Versus
Home Guard Dharmpal And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Mishra, Ram Prakash Ram
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Father of the applicant, Net Ram, had filed Writ Petition No. 9808 of
1985 in which an interim order was granted that petitioner shall not be
evicted from the land in dispute if he has not already been evicted.
2. According to applicant, opposite parties are trying to dispossess the
applicant from the property in dispute.
3. Persons who have been arrayed as contemnors are not party in the writ
petition.
4. No case for contempt is made out.
5. The contempt application is misconceived and stands dismissed.
6. However, leaving it open to the applicant to file impleadment
application before writ Court and get the opposite parties impleaded.
(Rohit Ranjan Agarwal,J.)
May 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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