ALOK KUMAR YADAV Vs. ASHISH KUMAR PANDEY

JUDGEMENT

(1.) This appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (for short, 'the Rules of 1952') is directed against order dtd. 30/7/2025 passed by learned Single Judge in Contempt Application (Civil) No. 3759 of 2025 whereby, the learned Single Judge based on the order passed qua which contempt was alleged, pleadings in the affidavit and the documents annexed with the same came to the conclusion that the same did not reveal any wilful disobedience and consequently dismissed the contempt application.

(2.) At the outset, learned counsel for the appellant was put to a query pertaining to the maintainability of the appeal as office has raised objection in this regard.

(3.) Learned counsel for the appellant, by relying on an order of Co-ordinate Bench of this Court in Tasneem Fatima v. Sri Amit Mohan Mishra 2025:AHC-LKO:11415-DB, made submissions that the Division Bench with reference to the provisions contained in Chapter VIII, Rule 5 of the Rules of 1952 has come to the conclusion that there is no bar in maintaining the special appeal and, therefore, the special appeal is maintainable.