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Allahabad High Court

RAM PRAKASH SEXENAversusHOME GUARD DHARMPAL AND 3 OTHERS

Decided

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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