& Ors Vs. Vidya Devi (D) Th. Lrs. & Ors  Insc 321 (3 March 2008)
Thakker & D.K. Jain
O R D E R CONTEMPT PETITION (C) NO. 5 OF 2008 IN SPECIAL LEAVE PETITION (C)
NO. 7637 OF 2007 A grievance was made in this contempt petition that in spite
of an order passed by this Court and in spite of undertaking given by
respondent No.1 herein, possession has not been handed over. We, therefore,
passed the following order on January 28, 2008, which read thus:
"Issue notice returnable on 3rd March, 2008. Meanwhile, if the order passed by this Court dated May 4, 2007 is complied
with and physical, vacant and peaceful possession is handed over by the tenants
to the petitioners- landlord(s), it would not be necessary for the respondents
to remain personally present in the Court, but if the said order is not
complied with, the respondents will remain personally present in the Court at
An affidavit in reply is filed in the contempt petition. Learned counsel for
respondent No.1 points out that respondent No.1Chunni Lal is present in the
Learned counsel further states that first respondent is ready and willing to
hand over vacate and peaceful possession of the premises.
In the affidavit in reply also, the respondent No.1 has stated that he has
highest regard for the order of this Court and he tenders unconditional and
Respondent No.1 in the affidavit further states that he will abide by the
order of this Court.
Learned counsel for respondent No.1 states that if the applicant will remain
present, the peaceful and vacant possession will be given tomorrow, i.e. 4th
March, 2008 at 5.00 p.m.
On the facts and in the circumstances of the case, we accept unconditional
and unqualified apology of respondent No.1. The contempt proceedings are
dropped. Respondent No.1 will handover peaceful and vacant possession of the
premises to the petitioner tomorrow i.e. on 4th March, 2008 at 5.00 p.m.