Allahabad High Court
KAPIL KUMARversusSHRI SURENDRA KUMAR TIWARI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the appeal had been decided as ordered, so no contempt had occurred.
Summary
The applicant filed a contempt application alleging that the opposite party willfully defied the order dated 03‑09‑2025 in Writ‑A No. 13136 of 2025, which required the appeal to be decided. The court examined the instructions produced, which showed that the appeal had indeed been decided on 22‑09‑2026. The instructions were taken on record as Appendix‑A. Since the order had been complied with, the court found no basis for contempt. Consequently, the contempt application was consigned to the record and effectively dismissed.
Issues considered
- Whether the opposite party’s conduct amounted to willful defiance of the 03‑09‑2025 order, thereby attracting contempt proceedings
Subjects
- contempt of court
- willful defiance
- order compliance
- High Court
- appeal decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5244 of 2026
Kapil Kumar
.....Applicant(s)
Versus
Shri Surendra Kumar Tiwari
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Kumar
Counsel for Opposite Party(s) : Yatindra
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 03.09.2025 passed in Writ-A No. 13136 of 2025,
whereby the appeal so preferred by the applicant was to be decided.
2. Today instructions have been produced, according to which the appeal has
been decided on 22.09.2026.
3. The instructions are taken on record and marked as Appendix-'A'.
4. In view of the same, nothing further survives in the present contempt
application, which is accordingly consigned to record.
5. Instructions filed today are taken on record and marked as Appendix 'A'.
September 23, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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