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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Anita Sinha, W/o Krishna Chandra Singh, D/o Birendra Kumar Sinha – Appellant
Versus
State of Bihar through the Registrar, District Registry Office, Patna – Respondent
ORDER :
KHATIM REZA, J.
1. This miscellaneous application has been filed for initiating contempt against opposite party no. 5 for willful and deliberate disobedience of order dated 08.01.2024 passed in Miscellaneous Appeal No. 699 of 2023 by this Court.
2. Mr. Chitranjan Sinha, learned senior counsel for the petitioner submits that vide order dated 08.01.2024 passed in Miscellaneous Appeal No. 699 of 2023, an order of status quo with regard to the suit property was passed by this Court. It is submitted that on notice, opposite party no. 5 appeared on 28.03.2024 through his counsel. It is submitted that opposite party no. 5 was fully aware of the order of this Court dated 08.01.2024. Despite the said status quo order, opposite party no. 5 executed a sale deed with regard to the suit land on 21.09.2024 in favour of opposite party nos. 6 and 7 pertaining to Plot No. 472, Khata No. 157 and Plot No. 473, Khata No. 244 which has been mentioned in paragraph no. 1 of the instant application.
3. Learned senior counsel for the petitioner has relied upon a decision in the case of Delhi Development Authority Vs. Skipper Construction Co. (P) Ltd. & Anr. reported in (1996) 4 SCC 622, in which it has
Contempt is established when a party willfully disobeys a court order, necessitating cancellation of any transactions executed in violation of that order.
Mortgage transaction being not in force now according to the version of the petitioner, which the respondent had entered into with a third party. No intention as such to flout the orders of this Cour....
Transfers of immovable property executed in violation of court orders are considered void and confer no rights to the transferee, preserving the integrity of judicial authority.
The execution of sale deeds after an interim injunction constitutes contempt, treated as non-est, emphasizing the authority of court orders over property disputes.
Executing Sale Deeds in violation of a court undertaking constitutes contempt of court, as the statements made by advocates are binding unless proven otherwise.
No willful violation of a court order was found as the respondent's serious health condition affected compliance.
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