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september 2025

Allahabad High Court · 2025-09-23

SPECIAL APPEAL No. 324 of 2025 at Lucknow

Citation / case number
SPECIAL APPEAL No. 324 of 2025 at Lucknow
Court
Allahabad High Court
Petitioner
SPECIAL APPEAL No. 324 of 2025 at Lucknow
Respondent
Unknown
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Judgment text excerpt

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 324 of 2025 Shyama Devi And Another .....Appellant(s) Versus Manish Kumar Tehsildar Judicial Tehsil Gonda Sadar Dist. Gonda .....Respondent(s) Counsel for Appellant(s) : Aviral Srivastava, Dadu Ram Shukla (D.R. Shukla ) Counsel for Respondent(s) : Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Heard Sri D.R. Shukla, learned counsel for the appellants. 2. This intra court appeal has been filed challenging impugned judgment dated 20.08.2025 passed by Single Judge in contempt proceedings relation to Contempt Petition (Civil) No.2392 of 2025. 3. We confronted the appellants' counsel as to how a special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is maintainable against such an order arising out of contempt proceedings in view of the legal position propounded in various judgments in this regard. Learned counsel submitted that in the same proceedings the earlier Bench had exercised its discretion on 31.07.2025 to summon the concerned official in the light of the allegations made in the application submitted under section 16 of the Contempt of Courts Act, 1971, but, when the

SPECIAL APPEAL No. 324 of 2025 at Lucknow · Niyam