Allahabad High Court
MAHARAJIYAversusAMARNATH AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court permitted the withdrawal of the contempt application and dismissed it as withdrawn, with liberty to re‑file.
Summary
The applicant, Maharajiya, filed a contempt application (Civil) No. 6119 of 2026 before the High Court of Judicature at Allahabad. Counsel for the applicant sought to withdraw the application, citing incurable technical defects, and requested liberty to file a fresh application. The standing counsel for the opposite party raised no objection to the withdrawal. Justice Vikas Budhwar considered the request and allowed the withdrawal of the contempt application. The court dismissed the application as withdrawn, granting the applicant liberty to re‑file the suit if desired.
Issues considered
- What is the appropriate procedure for withdrawing a contempt application on account of technical defects?
Subjects
- contempt
- withdrawal
- technical defect
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6119 of 2026
Maharajiya
.....Applicant(s)
Versus
Amarnath And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Singh Yadav
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
At the very outset, learned counsel for the applicant seeks to withdraw the
present contempt application on account of incurable technical defects
with liberty to file afresh.
Learned Standing Counsel has no objection to the same.
The contempt application is dismissed as withdrawn with liberty
aforesaid.
(Vikas Budhwar,J.)
September 8, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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